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Deciding when to contest a loved one’s will

On Behalf of | May 23, 2023 | ESTATE PLANNING - Estate Administration & Probate

The death of a loved one brings many emotional and logistical challenges. One of these challenges might include deciding whether to contest the deceased’s will.

Here are some reasons that you might need to contest your loved one’s will.

Undue influence or manipulation raises suspicion

One compelling reason to contest a will is suspicion of undue influence or manipulation. This occurs when someone manipulates the individual creating the will, pushing them to make decisions they would not ordinarily make. If coercion or influence seems probable, contesting the will may become necessary.

Validity of the will comes into question

Another reason to contest a will occurs when its validity comes into question. For a will to be valid, it must meet specific legal requirements, such as being correctly signed and witnessed. If the will appears invalid, contesting it might be the appropriate step.

Incapacity of the testator comes to light

The testator, or the person making the will, must be of sound mind when they sign it. If evidence suggests that the testator did not understand their actions when they made the will, this could form grounds to contest it.

Discovery of a newer will

Occasionally, a newer will might emerge after the testator’s death. In this case, contesting the older will in favor of the more recent document might be necessary.

Contesting a will is a significant decision that requires careful thought and a thorough understanding of the grounds for doing so. By considering these factors and understanding their options, individuals can make informed decisions and protect their rights when faced with the need to contest a will.