How do I contest a Will?

Contesting a will is a complex and emotionally challenging legal process. For example, if you suspect that your loved one has been manipulated into changing their will by deceptive means, you may feel helpless to stop the document from being accepted by the court. As a legal heir, you may be entitled to contest the will.

 If you are considering contesting a will, below are the steps to take:

1. Determine your legal standing. Are you the beneficiary named in the will, or an heir-at-law of the deceased to contest the will. 

2. Review the will and identify why you believe it's invalid. For example, you may think that the person who created the will lacked the mental capacity to do so or that the will was procured by fraud or undue influence.

3. Gather evidence to support your case. You may need medical records, witness statements, and other documents to prove your case.

4. Hire an attorney who specializes in probate litigation. An experienced attorney can help you navigate the legal process and provide guidance on the best way to proceed.

5. File a petition with the court to contest the will. You must provide evidence to support your claim and explain why you believe the will is invalid.

6. Attend a hearing. The court will schedule a hearing to review your case and determine whether the will is valid or not.

7. If the court finds in your favor, the will may be invalidated or modified to reflect your claims. If the court finds against you, you may be responsible for paying legal fees and other costs. It’s important to note that contesting a will can be lengthy and complicated, and there is no guarantee of success. Before proceeding, weighing the potential costs and benefits and discussing your options with an attorney is a good idea.