When someone you love passes away, it is always a heart-wrenching time. Trying to come to terms with the idea that this person who you loved so much is no longer going to be in your life is something anyone would struggle with, but this process is made even harder when there is an issue with their will.
When the will is discussed, you may find to your surprise that you are not in it or you have not been left what this person promised to you while they were still alive. If this is the case, then you need to do some research into how to contest the will so that you and your family can move forward and grieve.
Know what you’re getting into
As you consider contesting the will, you need to familiarize yourself with the essential information on the process of contesting so that you are aware of exactly what you are getting into.
The pursuit of contesting a will is a delicate subject and can be an emotional rollercoaster not only for you but for all those in the document. You need to be sure you are willing and able to ride through this difficult time before you begin the process.
Understanding your grounds
Before you look to take legal action, it is important that you fully understand the grounds for contesting a will to establish whether or not have a case to pursue. Three of the main reasons are as follows:
The will wasn’t signed in accordance with state laws
- You need to research the laws around making a will official in your state and investigate if they have been followed. For example, in Florida, the will needs to be signed by the testator (the person leaving the will) with two present witnesses. If this is found to have not been done, the will is not valid.
The testator lacked testamentary capacity
- Testamentary capacity means that the person signing the will fully understands what they are doing and the legal implications of signing. For example, in some states, if the person writing the will has advanced dementia, then their will signing will not be valid.
The testator was illegally influenced
- A will that is written and signed under duress from an outside influence is another reason that the document can be contested. Examples of illegal influencing can include isolating the testator from family and friends, threats, and even consulting with the testator’s attorney on their behalf.
Getting help from the experts
Finally, once you have established that you want to contest, you need to get yourself some will dispute lawyers who are experts in their field and can help to get you the results you want.
When meeting with them for the very first time, be sure to bring with you any evidence you have that backs up your claim to contest the will, in line with the grounds for contesting stated above, in order to get off to a strong start.