When a person writes out their will, they assume that it will be followed precisely. While that’s exactly what happens in most cases, there are times when a will may be challenged or contested.
Challenging a will is a complex process, partly because of the legal side of things but also because it can pit family members against each other. When it comes to contesting a will, there are limits to who can do this and the reasons they take this legal action.
Eligible parties to contest a will
Generally, people who can contest a will fall into two main categories: beneficiaries named in the will and those who would have inherited if the will didn’t exist. This second group usually includes close family members like the creator’s spouse or children. When they don’t have a spouse or children, their parents can fall into this category.
Common grounds for contesting a will
There are a few key reasons someone might contest a will. One of the most common is if there are concerns about the will creator’s mental status. A will can be considered invalid if the creator wasn’t of sound mind at the time they created the will.
Another reason is undue influence, where someone might have pressured the person into making certain decisions. Additionally, issues like fraud or improper execution of the will can also be grounds for a contest.
Contesting a will must occur quickly because of the state’s statute of limitations. It’s critical to understand the exact steps to take. Working with someone familiar with these matters may help to take some of the stress out of this process.