How to Contest Unfair Wills
A will is a legal declaration that states how a person would like his property distributed or transferred upon his death. A will is typically contested when a family member feels that the loved one's intent or wishes were not completely understood at the time the will was made. If you feel that the division of property favored a certain family member over the others or that money distributions were not equal, you may wish to contest the will to ensure that your loved one's wishes are honored.
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Instructions
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See if you qualify to contest the will. You generally have to be named in the will or must be someone such as a spouse or child who would have inherited if the person had died without a will.
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Research the laws for your state to see if you have grounds to contest the will. The laws regarding wills differ from state to state.
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Consult an attorney to see if you actually have evidence that there is impropriety surrounding the will. Grounds for contesting a will can be based on any of the following: 1) undue influence by a family member; 2) the will being unsigned; 3) existence of multiple wills; or 4) questions about whether the person was mentally sound when the will was made.
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Discuss the matter with other family members that might be upset about the will. The court may be more sympathetic if it appears that more than one family member objects to the contents of the will.
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Ask the court for an interpretation of the will. If the intent or language of only a certain section of the will is unclear, the probate court may be able to clarify the language of the will without a formal contesting of the will.
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File a motion in court to contest the will. This will temporarily stop the distribution of assets until the motion can be heard in court and a ruling can be made by the judge.
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