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Is it worth it to challenge a will?

Losing a loved one is always a stressful and emotional time. With it also comes the need to organize your loved one’s finances and often it is necessary to go through the process of probate. When learning of a loved one’s last will, you may be surprised or believe that it is not what he or she truly intended. Perhaps you also think that another person has coerced your loved one into writing a will that was favorable to him or her.

If you are concerned about the validity or intention of a will, you might want to consider contesting it. Of course, there are advantages and disadvantages to contesting a will. It can mean a lengthier and more stressful process, but it can also mean that you get justice for your loved one and the peace of mind that his or her true wishes were carried out.

There are two main reasons for starting the process of contesting a will. Depending on the relationship you had with the deceased person, you may be able to claim that you were not given enough to support yourself with. For example, if you are the deceased person’s former spouse, you may require funds so that you can raise the children that you had together.

Alternatively, you may be able to claim that the will was invalid in some way, if you believe that the will was forged or that there was coercion involved.

If you are considering contesting a will but are unsure of the consequences, you may find an attorney’s guidance and advice invaluable.

Source: Financial Times, “Tips for contesting a will,” accessed Jan. 17, 2018

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