4 reasons to consider contesting a will

On Behalf of | May 21, 2024 | Wills |

When a loved one passes away, the last thing on your mind might be the validity of their will. However, there are instances where contesting a will may be necessary to protect your loved one’s true wishes and fairly distribute the estate.

There are a few signs that you should contest your loved one’s will.

1. The will has questionable origins

If you suspect that your loved one was not of sound mind when they created the will, or if there’s evidence of undue influence from another party, it might be grounds for contesting the will. This could include situations where the deceased was suffering from dementia or was heavily medicated.

2. The changes seem suspicious

A sudden, drastic change in the terms of the will, especially if it benefits one individual significantly more than others, could be a red flag. If your loved one had always been clear about their intentions and the will contradicts those expectations without a valid explanation, it may be worth investigating further.

3. The will was not properly executed

Proper will execution typically requires the deceased’s signature as well as those of witnesses. If these formalities were not followed, the will might not be enforceable, and contesting it may be necessary.

4. The will disinherits close family members

Completely disinheriting close family members, such as a spouse or children, is often a cause for concern. If there is no apparent reason for this decision, or if it goes against your loved one’s known wishes and values, it could be a sign that something is amiss with the will.

Contesting a will is a big decision, but it is sometimes necessary to protect your loved one’s legacy and honor their true intentions. If you notice any of these four signs, you should consider your options.