DECIDING WHETHER TO CONTEST A WILL
May 22, 2020
If a loved one has recently died and you are surprised to learn that you are not included in their will, this is likely to make the grieving process even more difficult. You will likely have felt that you were one of the closest people in their life, especially if you're directly related.
This news can be especially tough if you are the child of the deceased person and your siblings were included in the will. The contents of the will may not make much sense to you, and over time, you may become adamant that the contents of the will are not in line with your loved one's true last wishes. As a result, you may consider contesting the will.
Deciding to contest a will can be a difficult decision. You may worry that it will cause conflicts within your family or that the ordeal will become stressful. That's why it's important that you consider whether you will have a good chance of successfully disputing the will. The following are some of the things you should think about.
Do You Have Legal Standing?
Only those with legal standing have the option to contest the will. This means that you must either be an heir to the will or be mentioned in the will.
Do You Have a Good Chance of Being Successful?
You should have a good reason to contest the will. For example, you may believe that your loved one lacked testamentary capacity when they made the will or that they were manipulated by another person.
If you are distraught because you did not get the inheritance that you believe you are entitled to, you should consider disputing the will so that you can get what you deserve.