Most people never have to worry about a will being challenged. Almost all families are able to work through any possible issues and allow the will to pass through the probate process without any problems.
There is a small portion of wills, around 1 percent, that are subject to a challenge. This is a very difficult process that can pit one family member against another.
People can't challenge a will just because they don't like the terms of the will. The court views a will as the voice of the decedent, which is something that is typically respected.
Will challenging can result in nothing happening to the will, the entire will being thrown out or only part of the will being voided. This is frustrating to some people because there isn't any certainty about how the process will end.
There are a few different reasons why a will might be challenged.
- A beneficiary might claim that someone influenced the contents of the will.
- Another will might be found that negates the will that was being considered.
- The decedent might not have has testamentary capacity when the will was created.
- The will might not have been signed or handled in a proper manner when it was created.
The need to challenge a will isn't something to be taken lightly. This is a very serious matter that can tear families apart during a troubling time. Before you decide to challenge a will or take steps to address a challenge by another person, you need to think about the options and learn how the laws apply to your case.
Source: FindLaw, "Reasons to Challenge a Will," accessed Nov. 02, 2017