The Basics of Contesting Wills

When someone dies, the challenging wills  can become a source of conflict and family disputes. If you are considering challenging a will, it’s important to understand the law and the process before proceeding.

To contest a will you must have legal standing, which means that you either benefited from the estate or would have under the laws of intestacy if there was no will. You must also be able to demonstrate that something about the will was illegal. This could be that the testator did not have the mental capacity to understand what they were doing when they signed it, that there was undue influence by a third party, or that the will does not comply with state regulations.

Challenging Wills: Understanding the Process and Grounds for Contesting Testamentary Documents

A successful challenge to a will can result in changes to how the estate is distributed, but it can be expensive, time-consuming, and emotionally draining. If you do decide to challenge a will, you should first find out the statute of limitations for your state so that you know how long you have to file legal papers.

It is possible to avoid the costs of a challenge by choosing to make a will or trust, and making sure that it is properly executed. You should always consult a lawyer about the best way to do this, and it may be appropriate to have a medical workup done so that you can prove that you have the mental capacity to understand what is happening with your estate.

When someone dies, the challenging wills  can become a source of conflict and family disputes. If you are considering challenging a will, it’s important to understand the law and the process before proceeding. To contest a will you must have legal standing, which means that you either benefited from the estate or would have under…