Contest a Will in 4 Steps

 

Your father just passed away. You’ve said your final farewell at the funeral, but then realize this is only the beginning. It’s now time to start the arduous probate process. Emotions are already running high, but now you’ve realized there’s something wrong with the will your father left. As a beneficiary who was expecting to receive part of the estate, it’s hard to believe you’ve somehow been excluded.

Is there anything you can do? Yes, but you must follow strict rules and guidelines to contest a will.

What to Have for Contestation

You first need to confirm you are an interested pIf youarty—a beneficiary, a creditor with a valid claim, or legal heir determined by intestacy laws if there is no will—with legal standing to contest a will. This means arguing undue influence, improper execution, fraud, or revocation was involved.

In other words, you must seek to prove one of the following:

• The testator (or the person who drafted the will) did not have the mental capacity (was not of sound mind, meaning they did not understand what they own, the value of each item, and who their natural heirs are) to draft or sign the will in question.
• The testator was manipulated, coerced, or forced under duress into drafting or changing parts of the will.
• The testator was deceived in some way to change or omit beneficiaries.
• There weren’t proper witnesses.
• The signature was forged.
• An earlier draft was submitted to probate.

You have a strict deadline of 120 days from the start of probate to contest a will if you haven’t already objected to the initial probate hearing.

Contesting the Will

First step, notify the probate court and the estate of your intention by filing a petition.

Next, gather the evidence you need to contest the will. Evidence includes, but is not limited to, a different version of the will, medical records, and witness testimonies. If you have objected to the initial hearing, this will you give you additional time to gather the evidence.

Once you have the evidence needed, you will enter it into discovery. Witnesses will then be deposed, and you will go to mediation to remedy the situation through a neutral third-party.

If the contestation cannot be resolved through mediation, you will then go to court and present your case to the judge.

Costs and No-Contest Clauses

If you contest a will, it may cost upwards of few thousand dollars (includes court and filing costs and attorney fees) and could take years to conclude. This is one reason why you want to have a solid case before attempting to contest a will. Another reason is when a will has a no-contest clause. If it does, and you lose the case, you can also lose all the inheritance you would have been subject to.

If you have any questions about your rights as a beneficiary, check out our Guide to Beneficiary Rights and then contact a reputable probate attorney.

Tags: beneficiary, contest a will, heir, inheritance, no-contest clause, Probate, testator, will
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