Challenges to wills are typically brought on by family members who feel cheated out of their inheritance. A legal battle may erupt if they feel that they have something of worth to gain from the will. The wealthy, in particular, are prone to these legal disputes due to the amount of assets involved. What is a Will Contest?
A will contest is a legal proceeding challenging the validity of a will or its terms. How Does One Contest a Will?
Before a will can be contested, a legal basis must be shown for this challenge. This can be shown by one of many different ways including: - The will maker was not mentally competent at the time he drafted or signed the will
- The will maker was pressured by someone to agree to those terms
- The will maker has another will or trust which trumps this one
- The will was not properly witnessed or signed
- The will maker was mistaken or induced by fraud to sign
What Can I Gain from Challenging a Will?
Upon a successful challenge, the entire will or part of it will be voided, or a prior will shall be reinstated. If the entire will is voided, and if there was no prior will, the deceased’s assets are distributed as if there were no will. See intestacy. How Can I Avoid a Will Contest?
Many will contests can be avoided through good drafting and planning by the will maker and his lawyer. Individuals who have accumulated significant assets can avoid will contests by not using such divisive measures such as disinheriting family members or making grand statements, which can cause conflicts and invite challenges. Using other means, such as trusts, to pass assets will help to decrease the amount of assets written into wills. The following are a few guidelines which can help avoid potential will contests: - Try to avoid making divisive statements or disinheriting family members, which can lead to animosity and will contests
- Include a “no contest” clause in your will to prohibit a recipient from challenging the will’s validity – usually a no contest clause gives a certain amount of money or a gift to someone, and by accepting that gift they agree not to contest the will
- Create trust funds to transfer assets to recipients at your death and avoid having to use your will to pass sizable assets
Do I Need to Consult an Attorney Regarding Will Contests?
If you believe you have been wrongfully deprived of all or a portion of your rightful inheritance, you must act immediately to protect your rights. If you believe the drafter of the will may have been incompetent, or unduly influenced by another person, you should also contact an attorney. An experienced lawyer can inform you of your rights as well as preserve any possible legal remedies you may have. If you wish to avoid possible future will contests a lawyer can help you plan and draft a will to suit your needs. |
