Contesting a will can be a difficult decision to make.
Amongst other things, people risk damaging their relationships with family members, and should always consider the time and expense of litigation.
However, despite the potential drawbacks, sometimes contesting a will is the best option given the circumstances – especially where one has been disinherited.
Disinheritance as a reason to contest a will
Typically, only a limited group of people have the right to contest the validity of a will.
Spouses almost always have a statutory right of inheritance, and if a will explicitly disinherits a spouse of the deceased individual the surviving spouse can challenge the document and/or the attempt to disinherit them.
Children, and others expecting an inheritance if they were named beneficiaries in a prior will, also often have the right to contest a will on the basis of their disinheritance.
Indeed, disinheritance can be indicative of other serious issues with the will, and/or the person who created the will (the “testator”).
In some cases, where a will fails to include a family member can be an outdated document as the testator may not have updated their estate plan to include a newly born child. In such situations, children can contest wills on the basis that they are children born after the will was created.
Conversely, Intentional disinheritance – rather than an accidental omission from the document – is sometimes a sign of undue influence and/or a lack of capacity to make a will.
If a testator – especially one who is of diminished mental capacity – is improperly pressured by someone to remove beneficiaries in favor of another, that can also provide grounds to contest a will.
If you have been wrongly disinherited, you may have the right to contest a will, and should explore your legal options as soon as possible.
