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What you need to know about challenging a will

| Feb 5, 2018 | Probate Litigation |

Do you believe you are losing out on your inheritance? If so, you may be considering contesting the will. It is frustrating to learn that you are not receiving anything from your parent. A will contest is a lawsuit you may be able to file to invalidate the will.

You may be able to contest the will, but you must understand a few things before you move forward with a lawsuit. Here is what you need to know about challenging a will.

Determine if you have the ability to challenge the will

Not everyone is able to challenge a will. You need to have standing, which means you are personally affected by the outcome of the will. Was there a previous will that gave you more? If so, you can file a will contest.

Figure out the legal grounds

There are only certain reasons why you can contest a will. You may contest a will if you believe the testator wrote it under the undue influence of someone else. Did a family member isolate the decedent from everyone else? Did this person get a huge chunk of the estate? If so, you may have a good basis for suing.

Another reason for challenging a will is if you think the writer was incompetent. In this case, you will need to prove that the person did not have the mental capacity to comprehend what they were putting into the will. You need strong evidence to prove this, such as witness statements or medical records.

Take next steps

If, after reading this, you believe you have a good case for challenging a will, do not do it alone. Will contests can be expensive, complex and emotionally draining, especially if you try to do it on your own. Get advice from an attorney about what steps you should take next. This will ensure you do everything correctly.

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