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Should you contest a will?

On Behalf of | Feb 22, 2022 | Estate Planning |

When someone writes a will, it is usually with the intention of those wishes being carried out. Unfortunately, when people are manipulated or confused, they may make changes that they don’t really want.

There are times when it’s appropriate to contest a will and its contents. It can be frustrating to see that a will has been changed or that you have been left out when you were in a previous version, which is why there is the legal option to contest a will if it doesn’t seem accurate.

Why would you contest a will?

There are a few different reasons why you’d contest a will. Some of the most common reasons for contesting a will include that:

  • You believe that there was undue influence that resulted in the will being changed
  • The will doesn’t follow state law
  • Your loved one lacked the capacity to make changed at the time when they did
  • You believe that fraud has occurred and that a new will is not the true will

These and other reasons may mean that you should contest a will in court.

How do you contest a will?

To contest a will that you believe is inaccurate, you need to first build evidence for your claim. For example, if you can show that there is a previous version of the will that was made before your parent’s mental capacity declined and also have medical appointment or diagnostic dates to back your concerns about the new will, you may be able to show that the original will should be what stands while the newest will is invalidated.

If you want to contest a will because you were not included in it or because it seems to be at odds with your loved one’s final wishes, you should consider building a strong case before discussing wanting to contest it. If the will has a no contest clause, you need to be particularly cautious about showing that your concerns are legitimate.

Good legal support for your case is necessary. Contesting a will can be difficult, but if you truly believe that it isn’t accurate, then you should have the opportunity to ask for changes or clarification.