To contest a will, one typically needs to have legal standing, which means having a direct interest in the outcome, such as being a beneficiary or someone affected by the will. The process generally involves several key steps:
- Grounds for Contesting: Valid reasons include the testator lacking mental capacity when making the will, the will not meeting legal formalities (e.g., not properly signed or witnessed), the will being fraudulent or forged, undue influence or coercion on the testator, or the will not reflecting the testator’s true intentions.
- Filing a Caveat or Petition: Before probate is granted, a person can file a caveat with the Probate Registry to prevent the grant of probate temporarily while investigating their claim. Following this, a petition to challenge the will can be filed in probate court to officially contest it.
- Gathering Evidence: Collect evidence supporting the claim, such as witness statements, medical records, or proof of lack of capacity or fraud.
- Court Hearing: Attend the court hearing to present the case. The court will decide whether the will is valid or not based on evidence.
- Potential Outcomes: If successful, earlier wills or intestacy laws (where no valid will exists) determine the distribution of the estate.
The timeline to contest a will is limited and varies by jurisdiction, often requiring action within months after the will becomes public. Legal costs can be substantial, and it is typically advised to seek legal advice to assess the strength of the case and procedure. In summary, contesting a will involves legal standing, valid grounds, filing a petition or caveat, gathering evidence, and court proceedings. It is a formal legal challenge against the validity of a will to ensure rightful inheritance according to law or the testator’s true intentions.
