What to know when contesting a will

On Behalf of | Nov 22, 2022 | Estate And Trust Litigation

There is no question that your will is an important element of your estate plan. However, even when you have these documents created professionally, disputes may arise that result in estate litigation. 

Contesting a will means that certain things need to be considered. 

Wills are commonly contested

Disputes about a will can occur between a deceased person’s children, their children and second wife and other family members. Even friends may contest a will if they feel like it does not reflect the true wishes of the deceased individual. 

When a will is contested, the battles include many emotions (in many cases). This is especially true if one family member demands more of the assets than they were left in the will. 

Sometimes, these disputes are settled before going to court; others require depositions, testimony in court and counter-lawsuits. Anyone who contests a will may have to answer personal questions about why they brought this up and their relationship with the deceased individual. 

Contesting a will often puts family members against each other, while others have to choose sides. It is a difficult legal situation that requires a full understanding of both the financial and emotional costs.

Knowing what you can expect is important

Contesting a will is something to think about carefully. You generally need to weigh out what you stand to gain against what you might lose. For some people, that’s an easy answer – but others find the situation very nuanced. 

A will contest can cause strife and discontent among families and cause other issues. However, for those who truly believe the will does not reflect the wishes of the deceased individual, litigation offers a solution to this.