If you are hoping to come forward to challenge or dispute a will, you may not realize that you have a difficult road ahead of you. Challenging a will is not a simple task and you will quickly find that you need solid evidence when coming forward. Courts often see family members threaten to contest a will when they have felt slighted or feel hurt over something that another family member received in the will that they did not. While it is true that this can be a very hurtful thing, this is not necessarily grounds for contesting a will. It is important to understand that contesting a will not only takes time, but can also be expensive. If you believe you will want to contest a will, it is important to reach out to a lawyer as soon as possible so that you can start off on the right foot.
Who can come forward to contest a will?
Not just anyone can come forward to contest a will. The people who can contest a will are:
- People who are mentioned in the current will
- People who were mentioned in the previous will
What are the steps in contesting a will?
If you believe you have grounds for contesting a will, the first step is to start working with a lawyer, like an estate litigation appeals lawyer from a law firm like Klenk Law. Next, your lawyer will want to evaluate why you plan to contest a will. You could contest a will because:
- The testator did not have the mental capacity necessary when signing the will in the first place.
- The testator was signing the will but did not have the witnesses’ signatures that were necessary at the time of signing.
- You believe that the testator was coerced or forced into signing the will.
- There was fraud involved when your loved one signed the will.
If you successfully contest the will, then there are a few ways this could proceed. The court may throw out the current will. If there is a previous will, then the court may say that the previous will must go into effect. When you are hoping to come forward to contest a will, it is important that you understand the process you are getting into and work with a lawyer to ensure you have the law on your side. If you need any additional help, you should reach out to a local law firm for more information.