Information on Contesting a Will

Wills divide people's belongings after they die. Although they are legally binding, wills sometimes can be contested in the hopes of reversing some of their provisions.

Reasons

There are many reasons to contest a will. The will might not give basic needs to an heir, trustees or executors of the will might have acted unprofessionally, the will's drafters might have been negligent, and property ownership might be in doubt.

Dissatisfaction

Personal dissatisfaction or wishing you had gotten more in the will are not valid reasons for contesting a will. Attempting to contest a will for such reasons will only waste time and money.

Who Can Contest

The only people who have legal standing to contest a will are those who are named in it and who would benefit from contention. For example, if John Doe's uncle dies and gives John $75,000, John could contest the will.

Success

Successfully contesting a will can cause varying results, depending on the basis of contention. If the will is invalid, the property will jump to intestacy, where a committee and executor will decide how to distribute the wealth. If only a section was contested, only that section falls into intestacy.

Tips

To avoid a contestable will, avoid making changes to your will or drafting multiple wills, since doing so can create confusion. Get reliable and objective will-drafting witnesses who have no stake in the will. Research successful wills and word your will precisely.

References

• Wills Online: Contesting the Will
• My Wills: Who Can Contest A Will
• Contesting Wills: A Simple Approach