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What should you know about contesting a will?

On Behalf of | Jun 7, 2024 | PROBATE & ESTATE ADMINISTRATION - Estate Planning

Estate plans relay the wishes of the creator in a legally binding way so their beneficiaries can follow those instructions after the creator’s death. Some people may have some uncertainties about the will’s validity, but only specific circumstances can lead to a will contest. 

Even if there’s a valid concern about the validity of the will, not just anyone can contest it. Instead, only specific people can contest a will, but this must be done swiftly since estates are sometimes handled quickly. 

Who can contest a will?

Anyone who’s named in a will can contest it. This includes people were named in previous versions of the will who aren’t named in the current one. 

Individuals who have claims against the estate can also contest it. This is also true for people who have stood to inherit assets if there wasn’t an estate plan in place. 

What circumstances might lead to a will contest?

Wills can be contested if the creator wasn’t of sound mind and body when they wrote the will. For a will to be legally enforceable, the creator had to understand the value of their assets and how their distribution would affect each beneficiary. Undue influence and issues with the creation of the will can also lead to it being challenged. 

Contesting a will is often a complex undertaking because of having to prove why the challenge is valid. It may behoove people in this situation to better understand their rights and how a will challenge may impact them now and into the future.