What Happens If Someone Contests The Will?
When a will goes through probate, a petition is filed for those that may have a vested interest in the will – the beneficiaries named on the will and those that are not named on the will but may have had a legal right to part of the estate had there been no will.
The contest is where one of these people objects to the will for one of a variety of possible reasons.
These reasons may include:
- A claim that the will is fraudulent or was written under influence
- A claim that the decedent was not of sound made when the will was written
- Or even the production of another, more recent will.
Anyone that contests a will must do so in relation to its validity and not due to their personal opinion on what they feel they should be entitled to, or when they should get their share of the estate. The will must be legally valid, which means that it must have been made by someone of sound mind, without any influence from any other person. It must also be the most up to date will and must have been signed by witnesses.
A will could also be contested in order to have a different representative or executor appointed.
If someone that is entitled to contest the will does so, the smooth running of the probate process grinds to a halt. Instead, you can expect some major delays and the cost of the probate process can rise dramatically. Statistically speaking, the success rate for those that contest wills is not high. Nevertheless, the delays and expense can be extraordinary.
In the event that the person or persons contesting the will are successful, there are a number of options that the court may consider, and this will depend largely on the circumstances surrounding the will and the objection, as well as the state law. The court may simply throw out the will altogether and disburse the estate of the decedent as they would have in the event that there was no will. On the other hand, they may decide to simply throw out the part of the will that was contested and then disburse the rest as it is. It will depend upon the type of objection raised.
Of course, the probate process does run both faster and smoother if nobody contests the will. However, those in standing have every right to file an objection if they feel that something is amiss and that the will is invalid in any way, and because these claims must be thoroughly investigated before any decision can be made, the probate process must come to a halt until the matter has been resolved, hence the possible lengthy delays.
