Contesting a will is a complex, stressful process.
Its expensive, time consuming and wrought with family tension.
What Does It Mean to Contest a Will?
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To contest a will, you’re gonna wanna have proper legal standing.
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Who Can Contest a Will?
Beneficiaries of the current or previous will have legal grounds to contest it.
Each estate litigation case is unique.
Two factors can drive up the cost of contesting a will.
Why Would You Contest a Will?
There are several valid reasons for contesting a last will and testament.
A court of law will decide if you have any standing.
Here are the main reasons.
Before you dive into this exigent process, check that you understand the steps involved.
Get Legal Advice
Youll need a lawyer to navigate the complex process of contesting a will.
Gather Evidence
Evidence can make or break any case including contesting a will.
Your attorney will guide you through the process of collecting and organizing the necessary evidence to present your case.
Youll need to lawyer up and potentially take family members to court.
Things can get ugly reallyugly fast.
Is the potential payoff worth everything you might lose in the process?
Be Open to Alternatives
Contesting a will may not be your only option.
In some cases, mediation or settlement discussions can resolve disputes outside of probate court.
These methods might save you time, money and emotional energy.
Your attorney can give you details about available alternative dispute resolution options.
The first legal step in contesting a will is filing a formal challenge.
This legal document notifies the court and interested parties that youre disputing the will.
After the initial challenge, youll enter the discovery stage.
This involves gathering evidence, interviewing witnesses and conducting research to build your case.
If all else fails, the case goes to trial.
How to Prevent Someone From Contesting a Will
Worried about someone contesting your will?
Wills are usually contested on two grounds: undue influence and lack of capacity.
Ask the lawyer to add a memo to your file describing these conversations.
Those conversations can be referred to later on if theres a contest, said Glatstian.
Another option is recording a video of yourself signing the will.
By addressing your family in the video and discussing your estate plan, youre showing youre of sound mind.
If all else fails, there must be witnesses present during the signing of a properly executed will.
Rachel Christian is a Certified Educator in Personal Finance and a senior writer for The Penny Hoarder.
She focuses on retirement, Medicare, investing and taxes.
