As an essential part of estate planning, a will outlines the financial instructions and wishes of an individual with assets to distribute. The instructions are carried out upon the testator’s passing and are typically binding. However, there are instances when a will can be contested. Below, learn about them and what the process involves.

What Are the Reasons to Contest a Will?

A will cannot be contested because a relative or other beneficiary deems the instructions “unfair.” The testator’s final wishes must be adhered to unless it can be proven the person was not of sound mind and coerced into signing the document, such as an individual in the latter stages of Alzheimer’s disease.

Legal reasons for contesting a will also include claiming the document was not created in light of state laws. To finalize a will in South Carolina, for example, it must be signed in front of two witnesses who must sign the document as well.

Wills can also be contested on the grounds of forgery or fraud, or because the testator was “unduly influenced,” such as a relative putting serious pressure on an older family member or even making threats. And while fraudulent wills and those created without following state guidelines are usually easy to prove, wills concerning undue influence and incoherence are challenging to prove without witnesses.

What Is the Process Like?

The will must be contested within the state’s statute of limitations to be considered by the probate court in the county where the testator passed. An attorney typically files the probate court claim. However, it can be done without a lawyer’s help. Working with an estate planning attorney is still recommended since the professional will let you know whether you have legal grounds to contest and help you gather evidence.

You will be asked to submit evidence to the court and may have to participate in a deposition or even give testimony stating why you believe the will is invalid. If your evidence stands, you will settle with the opposing counsel and receive your property or other assets. 

Whether you need to create or contest a will, speak with the attorneys at Williams, Stitely, & Brink PC. The Lexington, KC-based firm provides estate planning guidance to help area residents protect their futures. Call (803) 359-9000 today to schedule a consultation or learn more about estate planning services online.