After a friend or loved one has passed away, they often leave a will with their final wishes. The will usually directly addresses the person they feel will respect their final wishes and reflect them properly. Sometimes though, you or someone you may know feel as if the person addressed in the will does not properly reflect the proper wishes of the person who passed away.
In the event that you don’t think the person in the will is going to uphold the wishes of the departed, then you have the ability to contest the will and get things changes.
Understanding the Difficulty
Contesting the will is far from an easy process. With the person who created the will having passed away, it is very emotionally draining and difficult for someone to contest things and do it successfully. Not only is this a lengthy process, but it can also get expensive as well.
Another important thing to consider is the emotional weight that comes with this process as well. It can be draining and an intense process that might damage many close relationships. Before anything, a person should really consider the ramifications that come with challenging a will and make sure that it is something that they want.
Having Legal Standing
Before a person is capable of contesting a will, they have to meet certain criteria before they can contest it. In relation to a will, having legal standing means that the outcome of the case is going to personally affect the person in some way. As a person contesting, you must either be named in the decedent’s previous will as a beneficiary or be an intestate heir. If you don’t have any legal standing, there is nothing that can be done in regards to a will contest.
Reasons to Contest
Another criterion to meet before you’re fully capable of making a will contest is having a good reason. Some reasons involve whether or not the family was dependent on the deceased or if certain family members have financial needs that must be met.
There is also the fact that the will can be contested based on the mental capacity of the person who was deceased. If it is possible that the person who passed away wasn’t in the right frame of mind when they were making their will, then it can be contested.
Things That May Make the Contest Successful
There are some aspects that help with making the contesting of a will a lot easier. For example, if the testator is someone who wrote the will themselves, then it may not have gone through all of the proper channels to be legally binding.
The condition of the testator is also a huge factor in whether or not the will is valid. Family members and loved ones that pressure the testator into creating a will may help strengthen the contest. There is also the fact that if the person who created the will was isolated from their family and loved ones, then they could have been improperly influenced in the way the will was created.
There are many factors that come into play when placing a contest against a will. Make sure that you have the right legal grounds and information on hand before going through with it.