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Should I challenge a will?

| May 5, 2021 | Estate Planning

People are often disappointed when they discover the contents of a will. If you are one of them, you might consider mounting a challenge.

Before you seek to contest a will, there are few things to consider. Firstly, whether you have legal grounds to do so, and secondly, what potential consequences it could bring. 

Not everyone can contest a will

You can only contest a will if you benefit from the current one, benefitted from a previous version or would benefit if there were no will. There is a time limit on how long you have to file a contest.

You can only contest a person’s will for a few reasons. These include because you think someone pressured them, they were incapable of signing or did not make it in the correct legal manner.

Being in a position to challenge a will does not mean you should

If you meet the conditions to contest a will, you need to consider if you should. It pays to think about why you are doing so. Are you upset that the deceased favored someone else over you? Or do you think there has been foul play?

A will contest takes time and money. It slows the probate process, affecting all beneficiaries, including the ones you have no issue with. A family fallout is probable if you seek to gain at the expense of a relative.

When someone creates a will, they can make decisions that may seem strange to others. Yet, they often have valid reasons to do so. If you are considering contesting a will, it may pay to speak to other family members first. They may have insights you do not.

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