Consider the Basics Before Contesting a Will
July 1, 2010
Gina M. Barry, Esq.
Imagine that you’ve just received the terrible news that your mother, who was an elderly widow, has passed away. After taking care of all of the funeral arrangements with your siblings, everyone’s attention turns to your mother’s Will. Although you were close to her throughout your life, you learn that your mother’s Will provides only a very small sum for you and much more to your siblings. You are hurt, shocked and outraged. You are certain that your mother made a mistake, and you begin to question whether you should contest the Will.
While unhappiness with the disposition scheme in a Will alone is not sufficient, there are various grounds upon which a Will may be successfully contested. Knowledge of these grounds is crucial when deciding whether a Will contest should be undertaken. The most common grounds for challenging a Will are lack of mental competence and undue influence, although other less commonly used grounds, such as fraud, also exist.
To validly execute a Will, the person making the Will, who is also known as the testator, must...
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by:
Gina M. Barry
Prime
July 2010
Life Stages
Areas of Practice
