Understanding the issue
A will contest is a legal challenge to the validity of a will. Issues that may arise include alleged lack of testamentary capacity, undue influence, improper execution, fraud, or questions about the authenticity of a document.
Not every disagreement with a will establishes grounds for a contest. A person must generally have legal standing, and the challenge must be supported by evidence and brought within applicable time limits.
Common situations that may require legal advice
- Concerns that a loved one lacked capacity when signing a will
- Questions about whether someone exerted undue influence
- A will appears not to have been properly signed or witnessed
- Multiple conflicting wills have surfaced
- You have been notified that a will you rely on is being challenged
General procedural considerations
- 1.Determining whether a person has standing to contest
- 2.Reviewing the circumstances surrounding execution
- 3.Gathering relevant medical, financial, and witness evidence
- 4.Observing strict filing deadlines
- 5.Evaluating settlement alongside litigation