How to Contest a Will

There are times when a will needs to be contested. It is difficult to do and is emotionally draining, not to mention can be very costly, both when it comes to money and time. But if you are looking to contest a will, these steps will help get the ball rolling.

Photo by Zoe Pappas

A will is a legal document that expresses the wishes of a person, the testator, as to who get their property and assets along with who will be in charge of settling the estate and all of the details.

A will contest is a lawsuit that seeks to invalidate a will. But not everyone is allowed to contest a will legally. Only a person or entity has the standing to contest a will. That means it must be an heir or beneficiary named in the will. If you are not an entity named in the will, you will not be able to proceed.

If you are looking to contest a will, you must do it in a timely manner. Wherever the testator of the will passed away, dictates the time limit you have. Each state is different and some states offer only a few weeks to contest a will while others allow a few months.

There must be sufficient grounds to contest a will. For example, proving the mental capacity of the testator during the time the will was made. When making a will, the person must fully be aware of all of the details. Or if there was potential fraud going on. Meaning that someone close is taking advantage of the testator and is looking to gain from the will. Duress or manipulation is another reason. This is where these was a forceful situation and the testator was threatened when making the will.

If you feel you are able to contest a will, first speak with a lawyer as soon as possible to start filing a petition.