Many adults choose to set up an estate plan while they’re still capable of making decisions about where they want their assets to go when they die. For the most part, these plans are followed without issue, but there are times when a will needs to be challenged.
A will challenge isn’t something that’s easy to initiate. Instead, you have to meet certain requirements if you want to contest the will. These include points about your interest in the will, as well as the reason you think the will isn’t valid.
Who can challenge a will?
There are only certain people who can initiate a will contest. This includes anyone who would be in line to receive assets if the decedent passed away without a will and those who are named in the current will or a previous version. There are some wills that contain a “no contest” clause that could prohibit any challenges or set strict consequences for an unsuccessful challenge.
What are some common reasons for challenging a will?
Only a few reasons for challenging a will exist. This includes the person not having witnesses to the signing of the will or not being in the right mind to understand what the will means. An unclear will, a newer will, or undue influence are also reasons for contesting a will.
Think carefully about your choice to contest a will. This can be an expensive and time-consuming endeavor. Weigh the benefits against those factors so you can determine if a will contest is a good idea. If you decide to move forward, be sure you have someone familiar with these cases to help you get through it all.