Grieving the loss of a loved one is hard enough on its own, but what if there are problems with the will that the court receives? Although most probate reviews are efficient and free of conflict, you may have the right to contest a deceased loved one’s will in certain circumstances.
There are a few situations that could necessitate contesting the will.
Was your loved one coerced into signing that will?
If you have reason to believe that the will given to the court was a result of coercion, you have a right to contest the will. The witnesses who were present at the time and signed the will can testify to your loved one’s mental state, as can others present in their life at the time. If you believe someone specifically forced their hand with this will, gather any evidence you can to support your case in court.
Is there a question about witness signatures?
The witnesses that sign a will attest to its validity and the intention of the author when they sign. As a witness on a will, if someone forged your signature, misrepresented the document or obtained your signature through fraudulent means, contest the validity of the signature in court.
Was there an oversight?
If the author left an heir out of the will without clearly addressing the reason why, there may be an oversight. In the case of a spouse or a child, contest the will to ensure that the deceased’s surviving children receive a fair settlement.
Understand when you can contest a will and explore the probate process carefully before you decide.