Will Contests

Full Video Transcript

When a person dies, their will is read and property is distributed according to the will’s terms. Some people may feel they did not receive what they were entitled [to] and may argue against the will. This is known as contesting a will. There are generally four grounds for contesting a will: 1. Alleging the drafter was incompetent when they made the will. 2. Alleging the deceased was acting under undue influence or fraud when they made the will. 3. That the will was improperly executed, or 4. That there was a later valid will that should take the place of the previous will. If the will contest is successful, all or part of the will may be thrown out. However, if the contest is unsuccessful, the person contesting the will may not receive anything. Some legal actions are not considered to be a contest. For instance, a person bringing forward a later version of a will that he or she believes is genuine will not lose a right to inherit even if the will contest is lost. For more information about contesting a will, contact a local estate planning attorney today.