When you create a Will, you do so with the notion that everyone involved will respect your wishes. But sometimes this isn’t the case. In fact, friends and relatives of the deceased occasionally contest Wills and if your Will has errors or ambiguities, the chances of it being contested are even more likely.
Here’s what you need to know:
Who Can Contest a Will?
Not just anyone can come in and contest a Will. The people that have a legal right to contest someone’s Last Will and Testament are pretty limited by law. Basically, only people that will be affected by the Will have a legal right to contest it.
This is typically limited to natural heirs, such as your spouse and children but other relatives and friends can contest if they can prove they have a valid claim to an asset or piece of property. If older versions of the Will exist to support their claims, it’s very likely that the Court will consider the complaint.
If you feel that you might have the right to contest someone’s Will, it is important that you contact an estate attorney for advice. Your attorney will be able to tell you if you have legal standing to contest the Will or not.
And if you are thinking about updating an old Will, you will want to be sure that when you make changes to your will that all the legal formalities are followed. This will help to reduce the risk that your last wishes are not disregarded if someone does contest your will.