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.
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 influence, forgery, fraud, 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.
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.
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Tags:Glen Ridenour, Will Challenge Attorney, Will Contest, Will Contest Lawyer