Most people who create an estate plan leave clear instructions that clearly convey their wishes. That plan is typically followed precisely as it’s written. There are times when a beneficiary or heir may recognize that something isn’t right with the will. In those cases, they might wonder if they can challenge the will.
Challenging a will is a serious undertaking that must be considered carefully. There are several things to know if you’re thinking of doing this regarding a loved one’s will.
Not everyone can contest a will
The law limits who can challenge a will. To do so, you must have legal standing, which usually means you’re either named in the current will, were named in a previous version or would have inherited under state law if no will existed. Simply disagreeing with how assets are distributed isn’t enough.
There are only a few valid reasons to contest
Wills can’t be disputed just because you feel left out. Challenges must be based on legally recognized grounds, such as lack of testamentary capacity, which means the person wasn’t mentally fit when they signed the will. Other reasons include undue influence by someone close to the deceased, fraud or improper execution.
Timing and proper representation are critical
Having someone to assist with this matter is often a good idea because they can be complex. This may help you to meet critical deadlines for filing the will contest. Missing the window that applies means that even if you have a strong case, you won’t be able to have the case heard.