Basic Guidelines for Contesting a Will

It is sometimes necessary but contesting a will is an awfully dreadful situation that can lead to a number of other issues that,in the time of grieving, are extremely unfortunate. With luck, hiring a professional to aid you in dealing with the legalities might ease some of the stress and you will have a greater chance of proving your case in the courtroom.

Legitimate Reasons to Contest a Will

Traditionally, probate courts, those that deal with contesting wills, grant validity to wills that meet the legal requirements of the jurisdiction. If everything in that area appears to be sound, there are other reasons that would deem a will invalid.

You can challenge the validity of a will by introducing mental or legal concerns regarding the creator of the will. If you can prove that the writer of the will was incapable, either by age or by mental capacity, of responsibly making such heavy decisions, you could render the will invalid.

If you are aware of any wrongdoing or ill behaviour that influenced the creation of the will, you can also use this in your case against it. There have been cases of people being pressured or forced into including certain things in their wills. It is also possible that the will has been forged completely.

Solicitors

While it is common for people to write their own wills or use a will writing service, it is also common for people to pay for a solicitor to do it for them. This is generally the most expensive option but for that reason, it is the most thorough and the least time-consuming on your part.

Contesting a will solicitor means going up against a professional who knows his or her stuff, which makes the process that much more difficult. It will obviously be necessary to hire your own representative but it is important that you are not too quick jumping into it.

Things to Consider

Fully disclosing all information to attorneys is a great start in beginning a will contest. The more they know, the more they will be able to help you; because these things are difficult to win, you will need solid reasoning.

On that note, consider your motives as well. If you cannot conjure up a reason other than you dislike how you were represented in the will, your case is not likely to hold up in court.

In addition, and perhaps before anything else, check to see if the will has any mentions of “no contest”. Contesting the will, in this case, means that you automatically give up your share if you should lose in court. For the least consequential outcomes, you should be careful in your decisions.