Video Summary
How can I contest a Will if I believe it’s invalid or unfair? You cannot attack a Will or ask it to be set aside if you believe it to be unfair. Those are the decedent’s wishes and they don’t have to be fair. They can leave it to anyone they want with a few exceptions as far as spouse or children that have not been provided for and only controls assets that are just in the decedent’s name. The other basis for challenging a Will is in the event that you can show that the decedent was incompetent at the time they executed the Will. This is a very, very high threshold. There’s cases that say even if they’re on a guardianship, they could have a lucid moment at the time of signing and the Will would still be valid. Usually the Wills are attacked based upon undue influence where one of the beneficiaries has or the beneficiary, the primary beneficiary has influenced the decedent to sign this will leaving everything to them or the majority of the estate. By the way, will contests are very expensive as far as the attorney fees are involved. There should be a lot of money at stake before you try and undertake to challenge a Will. If you have any questions, give me a call at 727-847-2288.