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Reasons you may start an estate dispute and challenge a will

| Nov 22, 2019 | Probate |

The idea of a will is to set in stone what happens to a person’s estate after they pass away. However, that does not mean that the estate plan always stands. There are reasons that you may want to challenge a will, especially if you think that it is unfair, unjust or a violation of your rights.

You often cannot challenge a will just because you wanted more money or more assets. You need to have a reason as to why you felt that you deserved it. Some examples include:

  • You think that someone else created a fake will, perhaps in an effort to move more assets to themselves.
  • You think that someone used undue influence on a vulnerable elderly person to make them edit the will before death.
  • You believe that the will is an old one and there is actually a more recent will that should be followed.
  • You do not think that the elderly person was in the right mental state to create the estate plan. Perhaps they had dementia or maybe they were on heavy medications.
  • The will is incomplete in some way. Maybe no one signed it or maybe there were no witnesses.
  • For some other reason, the will does not reflect what you believe your loved one wanted and you think someone else is at fault in that.

As you can see, estate disputes often get rather complex and may set you up against other heirs who disagree with you. During this type of litigation, with so much at stake, you need to know all of the options you have.