When a loved one passes, you have enough stress without having a probate dispute crop up on you. However, in some cases, even when your loved one has the proper estate documents drafted, including a will and trust, a relative or friend of the decedent may contest the will. You may also be on the other side of the coin - you may be the one contesting a will because of forged signatures, because you think the person may have been incapacitated when he or she signed it, the will or trust wasn't properly executed, or you believe the person signed the will under undue influence.
For many people who have had relatives pass away with either complex wills, or no will at all, don't like the sound of the word "probate." They may associate it as a state of deadlock that puts their ability to inherit from their loved ones on hold while they wrestle with the court system. When proper estate plans are made by a person of sound mind, and a valid will and/or living trust is left behind, the probate process actually goes fairly smoothly most of the time. But there are instances when things just don't seem to be right, and in these cases challenging a will may be the right course of action, even if it proves to be inconvenient for others. Here are some situations where contesting may be appropriate.