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Why would I challenge a will?

There are a number of valid reasons why you might choose to challenge a will, but there are steps you should always take first before making this move. Challenging a will is often a lengthy process and almost certainly holds the potential to strain personal relationships between you and other interested parties. Before you choose to challenge a will, be sure that you seek proper legal counsel to examine the nuances of your situation and identify elements of the law that may support your claims.

If you are a person of standing to the will, you probably have the ability to challenge it. Without proper legal standing, even if you have a seemingly legitimate reason to challenge a will, the court is not likely to allow it. Legal standing requirements create a barrier to keep people who should not be challenging a will from doing so.

The most common reasons for challenging a will usually fall into a few categories. Either the challenging party believes that the will before the courts is not valid because of some aspect of its creation, or that there is another will that should take precedence, or because of a conflict in the provisions of the will itself. If, for instance, you have reason to believe that a certain will was created when the testator was not capable of making sound legal decisions, you may have a legitimate challenge. Similarly, if you believe that the will before the courts is not the most recent valid will, you might successfully enter a challenge.

Regardless of the reason you wish to challenge a will, it is always wise to seek strong legal counsel first. With proper guidance from an experienced attorney, you can explore your options for challenging a will and ensure that your rights remain protected in the process.

Source: findlaw, "Reasons to Challenge a Will," accessed June 09, 2017

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