How to Contest Wills & Trusts
If you suspect that a loved one's will is not what he or she intended, there are several legal actions you can take to try to correct the situation. By contesting a will or trust, you are contesting the validity of the document. You will need a strong case and a that has experience in dealing with fraudulent wills and trusts.
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Instructions
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How to Contest a Will or Trust
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Meet the conditions for contesting a will or trust. In addition to having legal standing, you must have evidence of impropriety surrounding the will or trust. According to state and federal law these grounds include a lack of mental capacity, undue influence by another party, outright fraud, the existence of a more recent will, or if the will or trust was not witnessed or signed properly. Without meeting at least one of the following criteria, you will not be able to proceed with your case.
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Meet the qualifications. To contest a will or trust, you must be a beneficiary of the contested will or trust, a devisee of the contested will or trust, or would have legally inherited a large portion of the estate if the deceased had died without a will. Federal law considers spouses, children, grandchildren, siblings and parents to be eligible should the deceased die intestate.
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Contact a law firm that has experience dealing with the contesting of wills and trusts. Look for a lawyer who describes herself as a will or probate lawyer with extensive experience contesting wills. You should also ask for references.
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Provide the evidence to support your claim. When a will or trust is contested, the probate court involved is required to investigate the claim until a decision is made as to the value of the contest. However, while the court may do some investigating on their own, the bulk of the responsibility for providing evidence that the will is invalid lies on the party bringing the claim to court. Once a reasonable amount of credible evidence has been provided to the court, and you meet all the necessary requirements listed above, your case will move to trial.
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References
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