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What to do when you are left out of a will

On Behalf of | Apr 28, 2023 | Estate Administration & Probate |

When your loved one’s will goes to probate, you may have different emotions flowing. But finding out you were disinherited may intensify your feelings. You may feel devastated, betrayed and confused. However, it will help to relax and make informed decisions.

Here are four things to consider when you are left out of a will:

Get more information

You should obtain more information about why you are not among your loved one’s beneficiaries. You may contact the executor or people who had copies before probate. This can help you know if you were legally disinherited or if the will submitted to probate does not reflect the testator’s true intentions.

Get copies

The executor should have copies of the current and previous wills if they are present. You can request to have them and review each to notice any significant change. 

Take legal action

If you have enough information that you were illegally left out of a will, consider contesting it. However, note that this may take time, and you may need to gather adequate evidence. But it’s worth it because you get to fight for your loved one’s true wishes. Your goal during the contest should be to invalidate the current will. 

Consider mediation

 At times, it may be best to consider mediation, perhaps you don’t want to go to court, or there is a beneficiary who needs to access their inheritance sooner, such as a child with special needs. However, you should be careful to get a fair settlement.

If you are left out of a will and have the grounds for an illegal conduct, you may contest it. It may help to get legal guidance to make the right moves to protect your rights.