How to Contest a Will (and Win)

Challenging a will can be an uphill battle not just for you but for everyone involved. It is psychologically draining, as it is drawn-out and expensive. Being right in the middle of will litigation can give the illusion of already losing.

However, in truth, the illusion is just that—an illusion. It is possible to challenge a will. It is equally possible to come out of the winning end of a will contest. By identifying where you stand in the litigation, you can maximize your chances of receiving what is due to you.

Keep reading to learn more about how to contest a will and win!

Are You an Interested Party?

In any will contest or challenge, there is the party included. It can be a single person or a group of people. A will stipulates that the party included in it receives the deceased’s estates or belongings. In a situation where people are a will’s beneficiaries, the case is straightforward.

All that is needed is the will’s execution. Everyone receives a share of the deceased’s estate. However, awarding a certain person the deceased’s estate takes away something from another in some cases.

For example, imagine that your grandmother has passed away, and you were living in one of the villas on her property. Upon her death, the will was discovered, stipulating that all villas go to your sister.

As a result, you would have to vacate the property as per the terms of the will. Clearly, awarding the villas to your sister takes away your right to reside on the property.

In such a scenario, you are what, in legal parlance, is considered an interested party. Being an interested party in a will contest means that you have a legal right to challenge the terms of the will.

Being an interested party is the starting point for legally challenging a will.

Other Than Being an Interested Party, What Else Should Be Proven?

By being an interested party, you are now in a position to contest the terms of the deceased’s will. Other than the potential damage the will’s enforcement can engender, there are other things you and your attorney can prove.

Proving the following can render the will illegitimate, meaning that you can win a fair settlement or award:

• The illegality of the will
• Loopholes or vagaries in the will
• Forgery
• The author’s state of duress upon preparing the will
• Disputes in the division or allocation of estates

Proving these can be difficult. However, with legal counsel and representation, any of the above-mentioned can be investigated and proven. Upon proof of any or all of the above-mentioned, you can successfully win your share of the deceased’s estate or property.

Do You Need Someone Who Knows How to Challenge a Will And Win? Give Us a Call!

Challenging a will and coming out the winning end can be difficult. To achieve the best possible results, you need legal counsel that specializes in probates and will settlements.

Call us at Herban, Murphree, and Lewandowski LLC! We specialize in representing clients like yourself in will contests and challenges.

Do not hesitate to reach out if you desire a fair and lawful settlement of a will contest. At HML Law, we are your companions in will challenges and contests in Toledo!