A will contest is when you challenge the validity of a will, such as because you feel the deceased’s wishes aren’t being executed properly.
If you want to contest a will, you’ll have to ensure you follow important rules and guidelines, as the process is legal and formal.
Read the rest of this article to learn about how to contest a will. We’ll explore why wills are usually contested, common consequences of contesting a will, how to contest a will, and more.
Why are Wills Contested?
People usually challenge wills because of the following common reasons:
- Lack of capacity. The testator didn’t have the capacity to understand the will when they signed it. A testator needs to be competent when signing their will in order for it to be valid.
- Influence and fraud. There could be claims that other people forced the testator to create the will or engaged in fraud to make it appear as though the testator approved it.
- Lack of execution. There could be issues about the will not being executed properly, such as if it wasn’t signed or notarized. It might not be legally compliant with rules in the state.
- Unfair asset distribution. Beneficiaries might contest the will because they don’t think the assets have been distributed fairly.
What are Common Consequences of Contesting a Will?
When you contest a will, there are various consequences that can occur. For starters, you will invest time and money into contesting the will, especially if you go to court, even though it might not prove successful for you. In many cases, it can take a few months to years to contest a will, depending on the complexity of the case.
To increase your chances of success, seek legal advice to find out if you have a valid case. You’ll need to have strong legal grounds to contest a will, such as by showing evidence that the will is invalid.
Who Can Contest a Will?
If you want to contest a will, you require legal standing. This means that you need to have financial interest in the will, such as if you’re a beneficiary. Many parties can contest a will. These include:
- Children, whether minors or adults.
- Spouses and civil partners.
- Financial dependents of the deceased.
- Any individual who was promised something in a previous will and they didn’t receive it.
- Will executors.
How Do You Contest a Will?
There are important steps to follow when challenging a will.
- Ensure you have the grounds to contest the will. You’ll have to collect proof to build a case that shows the will has issues, such as a lack of validity or evidence of fraud.
- File a petition. You can do this at your local superior court or probate court (the court name varies in different states). Your petition should include information about why you’re contesting the will and supporting documents to be used as evidence.
- Build your case. A lawyer will help you to build a strong case, such as by gathering evidence, getting witness testimonies, and more.
- Settle or go to a hearing. You and the other party might reach a settlement or you’ll go to a hearing where a judge will make a decision on the will.
- Be mindful of deadlines. Different states specify different deadlines by when you can file a contest.
How Can You Prevent a Will Contest?
By paying attention to the drafting of the will, you can prevent challenges to its validity in the future.
- Plan your estate carefully. You should have help from an estate planning lawyer because the laws can be quite complex.
- Include no-contest clauses in the will. These clauses will prevent anyone from being able to challenge the will in the future. It can state that if someone contests the will, they’ll lose their inheritance.
- Have clear, specific language. You should make your intentions clear so that there’s no confusion about who is getting what.
- Keep your family members in the loop. Before you draft a will, you should communicate with your closest loved ones so that there are no surprises and everyone understands what’s going to be included in the will. This can help to prevent disputes in the future.
How Should You Handle Will Contest Disputes?
There are various ways in which to deal with will contests, but usually it’s preferred to first consider alternative dispute-resolution methods to keep the dispute out of court. This saves all parties concerned time and money while preserving their relationships.
Mediation
Mediation involves hiring a neutral, third-party mediator to oversee communication between beneficiaries or other parties so that they can brainstorm creative solutions to reach a settlement.
Arbitration
Arbitration is similar to mediation, but a neutral, third-party arbitrator will deliver a final decision on the case. This can be legally binding. If you and the other party can’t reach a mutual agreement about the will, arbitration can be an effective way to resolve the dispute.
If these methods aren’t successful, parties might choose to go to litigation.
How Can a Lawyer Help You with Contesting a Will?
If you want to contest a will, you’ll need a lawyer to help you. They will assist you in navigating the stressful situation in the following ways:
- They’ll consider the case validity. Your lawyer will listen to your grounds and decide if they’re valid.
- They’ll review the will, checking for any unlawful, vague, or confusing language.
- They’ll help you understand what’s involved in the will contest process.
- They’ll file all paperwork so that it’s legally sound and submitted on time.
- They’ll help you gather evidence you need to build your case.
- If you have to go to court, they’ll represent you. They’ll also help you during negotiation, mediation, and arbitration.
- They’ll assist you with drafting a will so that it’s legally sound, specific, and non-contestable.
Do you need to hire a lawyer to help you contest a will?
You should contact a lawyer on ContractsCounsel, an online legal marketplace where clients hire vetted, reputable lawyers. The lawyers on the platform have years of experience in helping clients to challenge wills successfully while minimizing their legal and financial risks.
