If you are unhappy with what was bequeathed to you in your loved one’s will, you can contest it. Contesting a will, however, is not a simple matter of vehemently disagreeing with your deceased loved one’s wishes. You must have a vested interest, meaning you will inherit whether or not there is a will or you are a beneficiary of the will.
When is Contesting a Will Allowed?
A will may be contested under the following circumstances:
- You believe your loved one was misled into signing a document, unaware that the document was a will, or your loved one was given false information that prompted him to change his will.
- You believe your loved one changed his will under undue influence by another individual.
- You believe a will was improperly executed. There are certain protocols that must be followed when preparing a will. For example, a will may deemed invalid if its signing was not witnessed. Check your state’s laws on what validates a will.
- You believe your loved one lacked the mental capacity to write the will.
If you feel you have reason to contest a will, retain an attorney right away. If you have an elder law attorney, he may be able to assist you in preparing your case.
