Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

How to Contest A Will and Win

Posted on Wed Sep 25, 2019, on Will Contests and Will Challenges

From Our “Ask a Question” Mailbag: “My brother coerced my mother into changing her will giving him the entire estate. Can you explain how to contest a will and win?”

How to Contest A Will and Win

Will Contest Lawyer, Glen Ridenour.

How to Contest A Will and Win.

Our Will Contest Attorneys regularly represent clients in challenging wills and trusts. Why use an attorney that only handles these matters part-time?

Typically, these disputes contest the will’s validity as a result of undue influenceforgeryfraud, or lack of testamentary capacity.

Our years of experience focusing on these challenges allow us to explain these complex matters to clients in a simple, direct fashion. We work with clients to analyze the case’s strengths and weaknesses and to arrive at a plan of attack or defense that is in your best interest.

Having an experienced attorney advise you is an important step in a successful will challenge.

Can I Contest A Will?

The initial step in How to Contest A Will and Win is determining if you have the legal right challenge the will. To succeed, you must file the challenge within the Statute of Limitations period and be an Interested Party.

Only people who have been damaged by the Will can challenge the Will. An Interested Party is someone who can demonstrate harm has resulted from the Will.

For example, if the new Will gives a vacation home to your sister instead of being divided between your sister and you, then you are an Interested Party. But, if the new Will gives a vacation home to your sister and the prior valid Will gives the vacation home to your brother, your brother is an Interested Party, but you are not. 

What Is the Procedure?

The heart of a Will Challenge is the belief that the offered Will does not reflect the testator’s actual intent or that the Will is otherwise invalid. A Will Contest begins with a formal objection to the validity of a Will. We file these legal objections in specific locations, such as the Register of Wills, Surrogate, or the Orphans’ Court. Specific procedural rules govern Will Challenges, and failure to follow these standards can lead to the case’s dismissal. It is of vital importance to correctly craft and file the initial Will Challenge Petition. If filed incorrectly, crucial issues might be later barred.

More Detail.

For more detailed information about How to Contest A Will and Win, see my page “Will Contests for Non-Lawyer.” 

In Conclusion: How to Contest A Will and Win.

I hope you found this short article about How to Contest A Will and Win helpful. I have also included some links for more detailed information. If you are curious about pursuing a Will Contest, contact us and let our Will Contest Lawyers help walk you through what can be a confusing process. In fact, feel free to contact our office for a free consultation. 

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

It’s What We Do!

Tags:

Glen Ridenour, Will Challenge Attorney, Will Contest, Will Contest Lawyer

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Brian M.

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Klenk Law Logo
Stars

Darryl J.

Answered my question quickly and referred me to a colleague that could handle my problem

Klenk Law Logo
Stars

Nafeesha. B

When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...

Klenk Law Logo
Stars

AJK

Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.

Klenk Law Logo
Stars

Dylan Small

Peter provided outstanding advice and preparation of a will and trusts.

Let us put our expertise to work for you.

Free consultation within 24 hours.