The passing of a loved one is a deeply emotional and difficult time. In some instances, the contents of their will may come as a surprise or raise concerns among family members or beneficiaries. If you believe that a loved one’s will is not a true reflection of their wishes, you may be considering contesting it. Challenging a will is a significant decision that requires careful consideration and a clear understanding of the legal process. In this article, we’ll explore when and how to contest a loved one’s last wishes and provide guidance on navigating this delicate situation.
When to Consider Contesting a Will:
Suspected Lack of Capacity: If you believe that the testator (the person who made the will) did not have the mental capacity to understand the nature and consequences of their decisions when creating the will, you may have grounds to contest it.
Allegations of Undue Influence: If there are suspicions that the testator was unduly influenced or coerced into making specific provisions in the will, this can be a basis for contesting its validity.
Forgery or Fraud: If there are concerns that the will was forged or that someone altered its contents fraudulently, it may be necessary to challenge its authenticity.
Discrepancies with Previous Wills: If the current will differs significantly from previous versions or if there are conflicting documents, this could raise questions about its legitimacy.
The Process of Contesting a Will
Contesting a will is a legal process that typically involves the following steps:
Consulting with an Attorney: Seek legal advice from an attorney experienced in estate litigation. They can review the will and circumstances surrounding it to determine if you have valid grounds for contesting.
Filing a Formal Objection: If you have sufficient grounds to contest, your attorney will file a formal objection with the appropriate court to initiate the legal proceedings.
Discovery and Evidence Gathering: Both parties will exchange information and evidence relevant to the case through the discovery process. This may include gathering witnesses, medical records, and other relevant documents.
Mediation or Settlement Discussions: In some cases, mediation or settlement discussions may be pursued to explore the possibility of resolving the matter outside of court.
Probate Court Hearing: If the case is not resolved through alternative methods, it will proceed to a probate court hearing, where both sides will present their arguments and evidence.
Court Decision: The court will make a decision based on the evidence presented, determining whether the will is valid or if changes should be made.
Seeking Resolution with Care
Challenging a loved one’s will is a complex and sensitive process that requires thoughtful consideration and legal guidance. At Schwartsman Law Group, we understand the emotional weight of contesting a will and are here to provide compassionate and expert support during this difficult time. If you believe that a loved one’s last wishes are not being properly reflected in their will, contact us today to schedule a consultation. Our experienced estate litigation attorneys can help you navigate the process with care, advocating for your rights and ensuring that your loved one’s true intentions are honored.
