When a beneficiary believes there is a valid reason to do so, challenging a will may be the only next step available to them. However, anyone who is interested in challenging a will may not understand the implications of the process. It is important even as you’re conducting your own estate planning to think about ways that you can minimize the possibility of a will contest. Challenging a will puts a significant rift between family members in most cases. There is no easy way to handle this situation, but it is possible that trying to resolve this dispute outside of court could reduce the challenges on your family dynamic.
Another aspect to consider with someone challenging a will is an unexpected financial cost. You may need to balance the cost of going through a will contest compared with what you may be likely to receive. Having a conversation with your intended beneficiaries about this may help them understand that what you’ve documented in your will is indeed your wishes and that trying to argue against this may unnecessarily delay things or cause arguments between the family.
Contesting a will is a way that some beneficiaries choose to pursue legitimate claims over things like undue influence. In those cases, however, the beneficiary would need to speak with an experienced and dedicated lawyer to understand their next steps and total options. The support of an attorney can be instrumental in helping someone realize whether or not it makes sense for them to file a will contest.
If you want to draft your own trust, hiring the right lawyer can make a big difference in the level of confidence you have in your own estate plan. Contact our Pasadena estate planning firm for assistance.
