Legal Bases for Challenging a Will

The Gormley Law Office is pleased to share this information on estate litigation and challenging a will. In this article, we’re talking about the reasons, or legal bases, for contesting a will.

If you have specific questions about your situation or you suspect there is something not quite right going on with a family member’s estate, give us a call to discuss your individual situation.

Once you’ve resolved the standing issue and it has been determined that you have a valid legal reason to contest a will, it’s time to consider the basis for contesting a will.

Here are some examples of valid legal reasons to contest a will:

  1. The person making the will (testator) was subject to undue influence, stress, coercion, manipulation or was lied to
  2. The testator was not legally competent or lacked capacity to make a will
  3. The testator omitted a spouse or child from the will
  4. Forgery or fraud were involved in the making of the will
  5. There were fatal errors in execution of the will
  6. The testator revoked the will prior to death.

This list is not all-inclusive. And, as we’ve mentioned before, there are many reasons and situations that can happen when someone dies and there is money or property involved. Probate and litigation can be complicated and overwhelming, not to mention the stress of things like deadlines and the time spent getting up to speed.

Additionally, an experienced attorney has other strategies that may save you time and money. If the other side of the will contest lacks resources, they may settle quickly once you get an attorney involved, especially if they are concerned about being in hot water for their actions.

Sometimes, “lawyering up” is enough to convince the other side to cooperate and do what’s right, especially if they don’t have a lot of money to hire their own attorney.

© Copyright Gormley Law Office 2024

Probate, Estate Planning and Real Estate Attorney
Brian Gormley, Esq. is an attorney licensed in Maryland and the District of Columbia specializing in real estate, probate, estate litigation and other matters. If you need assistance, please use the Contact Feature at the bottom of this page.
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