Can you fight a will contest?

On Behalf of | Dec 28, 2022 | Estate Planning

When a loved one passes away, managing their estate and handling the reading of the will can be an emotional and difficult process. When someone decides to contest the will, it is important that you stand up for what you believe in.

If you have faith that the will is valid, there are a few options for defending against the will contest.

Does the person contesting the will have the authority to do so?

Although you might think anyone can contest a will, that is not true. You must have a vested interest, such as that of a parent, spouse or child. If the party contesting the will is not eligible based on material interest or next-of-kin qualification, you may get the claim dismissed.

Is there a valid reason to contest the will?

Contesting a will requires valid reasoning. There must be clear evidence of coercion, duplicate documents or unclear wishes in order to contest the will. Another common reason to contest a will is evidence of incapacity at the time of the will signing. This usually comes from a witness who was present at the time of the will’s signing.

Claims of undue influence are also eligible for contest. It is not permissible to contest a will simply because you disagree with the terms or feel that it is unfair.

Consider the authority and grounds of the contesting party and fight the claim if you have enough evidence to do so. Stand up for what you believe to be right in your loved one’s memory.

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