by Leslie M.

Created on: December 04, 2008   Last Updated: December 10, 2008

Contesting a will is difficult. There are considerable court costs to be aware of that can add up to more than you stand to gain. And you could experience a great deal of strain between family members that could take years to mend if ever. But, if you do feel you have a valid reason to proceed with the process of contesting a will, here is a brief overview of what to expect when going forth with this undertaking.

Most claims generally rest on one or both of the following factors: that there was undue influence in executing the will or trust, or that the person drawing up the papers for the will documents was mentally unfit to do so at the time the manuscript was drafted. Other valid reasons for contesting a will (though less common), are that the will was not properly signed or that that there is a valid mistake in the documents.

If you are reasonably sure that you have a case, you will be assigned a court date where the validity of your claim will be determined. The person challenging the will is called the "contestant," and the person defending the will documents themselves is a "proponent." Additionally, you will also need to hire an estate planning attorney to help you through the process, as the nuts and bolts can change significantly from state to state.

Another issue to consider is that regardless of the state you live in, will contestants must challenge a will promptly in probate court. Most states mandate that it must be done within a few months of the death of the maker of the will or the "testator." So contesting this document must be done in a very timely manor.

Of course even if filed the day the testator passes away, this process can take months. And your reward may not be worth the hassle of court dates and family strain. But if you do feel you have a valid case, and that are willing to put in the time, effort and energy towards contesting a will, this simple overview should help with some general information.

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