In its basic nature, a will is a person’s last testament outlining the procedure for distributing all that pertains to their estate. A will is often supposed to be honored without question, but few circumstances often instigate the lengthy process of challenging it.

How to Contest a Will

Contesting a will is a very lengthy process, but it certainly is possible. If you plan on contesting a will, you must know when and how to do it correctly.

  1. Step 1: File a Petition: The first step you must take is to file a claim in probate court within 30–120 days of the decedent’s death.
  2. Step 2: Present Evidence: Gather all the legal arguments that support your position on why the court should not enforce some or all of the instructions outlined in the document you are contesting. Evidence can include witness testimony, expert opinion, and medical records.
  3. Step 3: Court Proceedings: The court will examine the evidence you present and decide if the will should be upheld or invalidated.

Common Grounds for Contesting a Will

Various legal reasons serve as a proper ground for contesting a will. You should remember that you cannot challenge a will just because you don’t like it or you don’t agree with its content. You can only challenge a will if you have valid reasons, including any one of the following:

Problems with the Testator

A Testator is the legal name given to the person who owns the will or the one who created the will. You can challenge a will if you feel that the Testator was under duress when creating the will or if they were under the influence of alcohol or pharmaceutical drugs.

A Legally Invalid Will

If a will is legally invalid, then you have every reason to contest it. Several circumstances make a will invalid, including:

  • A will that was not signed according to local state laws
  • An inappropriate number of witnesses
  • A will that is not complete
  • A will that has several versions floating around

Considerations Before Challenging a Will

A will is a life-changing document, and state laws will do all things possible to ensure that only a valid will is enforced. Still, challenging a will is a major legal step that should not be taken lightly. Consult with The Williams Litigation Group today for guidance tailored to your situation.