How to Contest a Will Left to You

Contesting a will that has been left to you can be a complex and challenging process, especially if you weren't named in the will. Here’s a step-by-step guide on how to proceed and the key elements you will need to consider.

Understanding the Process of Contesting a Will

When you wish to contest a will left to you, there isn’t a one-size-fits-all approach. The most crucial step is to contact a lawyer who specializes in probate and estate law. A legal professional will assess your case and determine if you have a valid claim and, if so, how to move forward.

Steps to Contest a Will

To contest a will, you need to follow these steps:

Engage a Lawyer: Hire an attorney who can assist you in navigating the legal process. They will provide guidance based on their expertise and can help you formulate a solid legal strategy. File an Objection: The next step is to file an objection during the probate proceeding. This involves providing your reasons for contesting the will and supporting your claims with lawful evidence and arguments. Present Evidence: Gather and present evidence that supports your claims. This could include financial records, medical records, witness statements, or any other relevant documents.

Key Elements to Consider When Contesting a Will

When deciding whether to contest a will, consider the following key elements:

Proving Lack of Testamentary Capacity

One way to contest a will is to demonstrate that the person who wrote the will (the testator) lacked the mental capacity at the time the will was written or executed. This can be done by:
1. Finding witnesses who can testify that the testator did not understand the nature of the will or the extent of their property.

Proving Faulty Will Execution Process

An issue that can lead to contesting a will is a process that may have been incorrect. This could include:
1. The presence of undue influence or coercion by family members or professionals who looked after the testator.
2. Failure to have at least two witnesses to the will.
3. The presence of fraud or forgery in the will's preparation or execution.

Implications of Disputing a Will

Even if you succeed in contesting a will, there may be significant implications to your inheritance, and the process can be lengthy and expensive. Here are the potential outcomes:

No Valid Will: If the probate court determines that there was no valid will, the testator died intestate, and their estate would be distributed according to the laws of intestacy. This may mean you do not receive any inheritance. Attorney Fees and Costs: Even if you win, you may still have to pay for your own attorney fees and costs. However, if the personal representative of the estate chooses to settle, it is often the estate's funds that cover these expenses. Impact on Inheritance: Successful contesting might reduce the total amount of inheritance for all heirs, as legal costs and administration fees may affect the final distribution.

Conclusion

Contesting a will is a serious legal matter that should not be taken lightly. It’s essential to consult with a qualified probate lawyer who can guide you through the process and help you understand your rights and the potential outcomes. Remember, contesting a will can impact the distribution of assets, so seek professional advice to make an informed decision.