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Is it worth it to contest a will?

On Behalf of | Jan 21, 2021 | Estate Planning

Contesting a will means that you question the validity of it. You feel there is something in the will that is not legal or that the creation of the will somehow violates the law.

When you contest a will, it occurs during probate. It will stop probate matters because the court must assess your claims and make a ruling on them before it can continue with the execution of the will. There are a few things you want to think about when considering a will contest.

Reason to contest

SmartAsset explains that you need to be sure you have a valid reason to contest the will. You may have grounds if you feel the person who wrote the will was under duress or tricked into the decisions made in the document. You can also contest if you feel someone faked or forged the document. Any concerns you have about the true nature of the document and how it aligns with the real wishes of the deceased can often be grounds to contest.

You also have a basis to contest if the will does not meet state guidelines. Of course, the court will often rule on this as soon as the executor turns the document over to being probate. The probate process is mainly about validating the will.

Other concerns

Contesting a will takes time and costs money. You should make sure that it will be worth the time and money to do. You need to be sure you have solid grounds and evidence to prove your case. You also should make sure there is not a clause in the will banning contests.