It is difficult to deal with the death of a loved one, even if it was expected. You may be dealing with feelings of grief and uncertainty, and these feelings may be compounded when you find that the terms of your loved one’s estate plan are not what you expected. This could be more than disappointment regarding the assets you should receive; it could instead be a true feeling that something is wrong. If you have suspicions, you may benefit from learning more about whether you have grounds to challenge the will.
Simply being unhappy with the terms of the will is not a valid reason by itself to challenge a will. However, if there is evidence that the will was created or altered due to undue influence or other suspicious factors, you could have grounds to move forward with a will contest. While this is a complicated process, it could be in your interests, as well as a way to honor the true wishes of the decedent.
The right person to challenge a will
Not everyone can challenge a will. You may have grounds to move forward with this process if your name is in the will or you would likely stand to inherit from the estate if the judge rules the current will invalid. Once you have determined if you have legal standing to challenge an existing will, you will need to determine if you have a real reason to challenge the will of your loved one. Valid and appropriate reasons to initiate a will contest include the following:
- The decedent did not have sufficient mental capacity at the time he or she created the will.
- There is evidence of fraud or undue influence over the deceased by a person who stood to gain financially.
- There were insufficient or inappropriate witnesses to the existing will.
- The provisions in the will are insufficient, invalid or not legal.
- There are multiple wills, and there is confusion regarding which is the valid will.
You and your family may benefit from seeking insight regarding the legal options available to you. If a will contest is the best course of action for your family, there is no time to lose in moving forward. As soon as you suspect there is a problem, you may find it helpful to seek an assessment of your case and clear explanation of how to seek the most beneficial outcome to your ongoing concerns.