Steps in Contesting a Will
- 1). Read the will carefully. Look out for a no-contest clause, which means that a beneficiary under the will who contests it may be disinherited. However, some states will disregard the clause if, for example, the will was being contested on the grounds of fraud. Think carefully about the possible consequences of contesting the will, the expense and the grounds.
- 2). Make sure you are familiar with the conditions whereby you can contest the will. You cannot contest it just because you do not like what it says or because you feel aggrieved. The grounds for a successful contest may include fraud, undue influence (where someone else has exerted pressure on the testator) or that the will has not been executed correctly.
- 3). Seek appropriate and suitably qualified legal advice, if you are determined to pursue the matter or if it is morally right that you contest it (for instance, if fraud has been involved). Find out the time limits from the court granting probate. States vary, and there is often a fairly small window of time where you can apply to contest a will.
- 4). Abide by the findings of the court and accept them. Wills can be highly emotive, often mixed up with feelings of grief and maybe even old family feuds. You may need to see a counselor or discuss your feelings with a trusted friend.
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