There are several reasons why someone might want to contest a will. Perhaps the person believes that they have been unfairly left out of the will or that it was not properly executed. It is important to clearly understand the grounds on which the will can be contested to contest a will successfully.
Generally, a will can only be contested based on lack of capacity, fraud, or duress. If the person contesting the will can provide evidence that one of these grounds applies, then there is a good chance that the will can be successfully challenged. However, it is important to note that contesting a will can be lengthy and expensive, so it is important to ensure a good chance of success before proceeding.
If you are considering contesting a will, it is advisable to seek legal advice from an experienced attorney to walk you through disputing a will or trust. A wills and trusts attorney can help examine a will or trust instrument for red flags and file the will or trust contest.
Before going into the steps to contesting a will, it is important to understand what it means to contest a will or trust.
What Are Will and Trust Contests?
Will and trust contests are essentially the same thing: a legal challenge to the validity of a will or trust. Both types of contests typically involve allegations that the document in question was not executed properly or that the person who created it was not of sound mind at the time.
An estate and trust lawyer can help you determine whether or not your reason for contesting a will or trust is valid.
What Are the Steps to Contesting a Will or Trust?
1. Determine whether your reason for seeking a will or trust contest is valid.
If you’re considering contesting a will or trust, it’s important to ensure that you have a valid reason for doing so. Generally, grounds for contesting a will or trust fall into three categories: lack of testamentary capacity, undue influence, or fraud. Testamentary capacity refers to the mental ability to understand the nature and extent of one’s property and decide how to dispose of it.
Undue influence occurs when someone uses pressure or manipulation to convince the testator to change their will or trust in a way that benefits the influencer. Finally, fraud occurs when someone makes material misrepresentations to induce the testator to change their will or trust. If you’re unsure whether your reason for contesting a will or trust is valid, it’s best to consult an experienced attorney who can help you evaluate your claim.
- Determine whether you have the standing to bring a will or trust contest.
The question of who has the standing to contest a will or trust often arises in probate court. To have standing, the person challenging the will or trust must be able to show that they would be adversely affected by its enforcement. For example, if someone challenges a will because it was not properly executed, they must be able to show that they are an heir who would have inherited under the terms of the will. Similarly, if someone challenges a trust because it is invalid, they must be able to show that they are a beneficiary of the trust. In short, anyone who stands to lose something if the will or trust is upheld has standing to contest it.
3. Discuss your proposed will or trust contest with other relevant parties to determine if any of them would like to join the contest.
Before proceeding with a will or trust contest, discussing the matter with other relevant parties is important. This includes any beneficiaries adversely affected by the contest and any executors or trustees who might have a stake in the outcome. By having an open discussion, it may be possible to resolve the issue without going to court. Additionally, it is important to determine if there are any potential participants in the contest who are willing to join. This can help to strengthen the case and increase the chances of success.
4. Compile your evidence and seek the assistance of a trained trust and estate lawyer.
After you have decided to contest a will or trust, the next step is gathering evidence. This may include anything from financial records and emails to testimony from witnesses. Once you have collected everything, it is time to start putting your case together. This is where the assistance of a trained trust and estate lawyer can be invaluable. A lawyer can help you to identify the legal issues at stake, assess the strength of your evidence, and develop strategies for moving forward. In addition, a lawyer can provide invaluable guidance and support throughout the process. With their help, you can increase your chances of successfully contesting a will or trust.
What Happens If I Win My Will or Trust Contest?
Winning a will or trust contest can have different effects depending on the type of contest and what is being contested. For example, if you are contesting the validity of the will or trust, then the court may invalidate the document entirely. This could mean that the estate would be distributed according to state intestacy laws or, if there were a last will or trust, that document would be used instead.
If you contest the distribution of assets, the court may modify the distribution to distribute the assets among the beneficiaries more fairly. Finally, if you contest a specific provision in the will or trust, such as a no-contest clause, the court may strike down that provision while leaving the rest of the document intact. In any case, it is important to speak with an attorney before taking any action to ensure that you are taking the best course of action for your particular situation.
Our Saanichton Attorneys Can Guide You
Contesting a will can be complex and stressful, but with the right guidance, it is possible to successfully argue your case. The attorneys at Saanichton Law Group have extensive experience helping clients contest wills and can help you every step of the way. Contact us today for a consultation to discuss your options and get started on contesting the will.
