There are good reasons to contest a will, other than someone not getting what they wanted as their inheritance. A good time to consult an estate litigation attorney in Rockland County is when you believe that your loved one has been influenced to change their estate plan by someone who wants to take advantage of them. We can help you figure out how to build a case and what you can do to make things right.

When Should Someone Be Ready to Challenge a Will?

There are a few situations where a loved one might want to contest a will. One common issue is a lack of capacity. As people age, they can start to struggle to really understand certain important matters and the ramifications of their decisions. Someone who is not of sound mind should not be writing a will, and if you can show that your loved one did not understand what was happening when they wrote theirs then it may be invalidated.

Another common problem is undue influence, and it can often go hand-in-hand with lack of capacity. As someone gets older and easier to manipulate, a friend or family member takes advantage. Suddenly, the will that used to distribute assets among heirs evenly now blatantly favors one person.

Who Can Contest a Will?

Anyone who has a financial interest in the estate of the deceased can contest a will. This means that if you were directly related to a person and had reason to suspect that they would leave you something in their will, you could raise an objection if you get left out or feel like there was some kind of impropriety in how it was drafted.

A minor cannot initiate a lawsuit and contest a will on their own. They would have to wait until they turn 18 or have a parent introduce the challenge for them.

What Evidence Can Help Me Contest a Will?

It can be tough to definitively prove that someone encouraged your loved one to change their will, but you should still try to gather as much evidence as possible to make your case. It can help to have:

  • Proof that the main beneficiary of the new will had some kind of power over the deceased, like control of their finances or housing
  • Previous copies of a will that show that the deceased had different plans and beneficiaries
  • Medical records showing that your loved one lacked capacity at the time the will was finalized
  • Recorded conversations with your loved one about their will

If you can show that something strange is going on, you may be able to have part of the will or the entire will invalidated.

Talk to an Attorney

If you think that you need to contest a will, meet with our legal team. Contact the Lauterbach Law Firm to schedule a consultation and learn more about what an experienced estate litigation attorney can do to help you in this difficult time.