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Can a Will Be Contested?

can a will be contested

When can a will be contested dies, it’s normal for them to disperse their estate according to their wishes. However, if the will-maker’s family and friends feel they were unfairly left out of the will or that the distribution isn’t what the person really wanted, they might choose to contest it. But can a will be contested?

A will can only be contested for legitimate legal reasons. For example, if the will-maker wasn’t mentally competent when they signed it, or if they were coerced or subjected to fraud, that could be grounds to challenge it. The will also needs to be properly executed. The document must be signed and witnessed correctly, and it must be clear that it’s the will-maker’s last one.

Besides that, the will-maker must have meant to create it. A draft found in a notebook may not be valid as a last will and testament if it’s not clearly marked as such. A judge will decide if the will is valid or not.

Can a Will Be Contested? Exploring the Grounds and Process of Challenging Testamentary Documents

Before you file a petition, it’s best to consult with an attorney who specializes in estate planning. They can help you determine if there are any legal grounds to challenge the will and whether it’s worth it financially or emotionally. Before the court date, they can also gather any evidence you might need to support your case, including deposing witnesses and obtaining documents or medical records. You’ll then have to file your claim with the probate court, and present it to a judge.