What happens if someone contests a Will?

Question

If there is a daughter that has been estranged and not left anything?

Answer 1

There are many grounds for contesting a will, from fraud or lack of capacity, to technical defects in formation, to conflicting wills.

The process is generally the same. As long as the person has standing (i.e. under their interpretation, they would inherit) they can bring a civil action in court (often probate court) to challenge.

First, the will itself is checked to determine if it is facially valid. In other words, does it meet the procedural requirements imposed for a valid will (written, signed, handwritten or witnesses, etc.). If the will does not mee the technical/procedural requirements, then it is not valid.

If it doesn, then the person challenging must prove their case that despite being procedurally valid the will is not enforceable. This requires proving the fraud or undue influence, or showing the conflicting will, or whatever the basis for thie claim happens to be.

Once all the evidence is presented, the probate judge will determine whether the contested will is valid. If not, then the judge will hear evidence on what the distribution should be, including examining any other possible (conflicting) will as above.

Answer 2

They must first of all establish their bona fides as people having an interest in the estate. The person normally must be “interested” – that is, must be an heir under the will or under the normal rules of succession.

You must have grounds to have a chance of successfully contesting a will. Unhappiness with the proposed distribution of property is not a valid ground. Valid grounds can include Incapacity, fraud, undue influence and duress.

Of course, one foreseeable result is that the estate gets smaller as the lawyers get richer.

Answer 3

This happened when my grandmother died.My mother was left the whole estate and it was all paid 4.Her sis who never visited contested the will.My mother would have 1 but her attorney missed filing a response by 1 day.So she got attorney #2 to sue #1 and help.By the time all was said and done 3-4yrs. down the road my mother got tired of it.Needless to say my mother got $8000,her sister got $6000 and the evil attorneys got the rest.They had put liens on the property!!Don't trust any of them!

Answer 4

In the UK, that would mean either making an application under the Inheritance (Provision for Family and Dependents) Act or proving that the Will was invalid in some way and should be disregarded.

The I(PFD)A only applies to people who were financially dependent upon the deceased.

Answer 5

The only ground for contesting a will is - either forgery of the will in question or existence of a subsequent will nullifying the will in question. In case of such a contest - the litigation has to be sorted out.

Answer 6

You could end up in court to sort it out.

Answer 7

Lawyers get RICH !!!!!