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Questions to ask before disputing a loved one’s will

On Behalf of | Oct 30, 2024 | Estate Administration | 0 comments

Disputing a loved one’s will can be a complex and emotional decision. Before taking this step, it’s important to consider whether it’s truly the best course of action. You may find it helpful to know some key questions to ask before deciding to challenge a will.

Do you have a valid reason to dispute the will?

Wills are legal documents meant to reflect the wishes of the person who passed away. Before disputing it, ask yourself if you have a valid reason. Common reasons include believing that the person was not of sound mind when they made the will or that they were under pressure from someone else. If you simply don’t agree with the terms, that may not be enough to justify a dispute.

Are there signs of undue influence?

Undue influence occurs when someone uses pressure to make a person change their will in a way that does not reflect their true wishes. Consider whether there are any signs of this, such as changes to the will that seem out of character or benefit one person more than others. If you suspect that someone pressured your loved one, it may be worth looking into further.

Is there a newer version of the will?

Sometimes, people create multiple versions of their will over the years. Before disputing the will, find out if there is a newer version that might resolve your concerns. It’s possible that the version you have concerns about is outdated and has been replaced by a more recent one.

Are you prepared for the emotional and financial costs?

Disputing a will can take a toll both emotionally and financially. Consider whether you are ready to go through the process, which can be lengthy and might strain relationships with other family members. Make sure that you understand the potential consequences and are willing to accept them before moving forward.

Challenging a loved one’s will is not a decision to be made lightly. Asking the right questions can help you determine whether it is worth pursuing and if you have a valid reason for doing so. Carefully considering these factors can guide you in making the best choice for yourself and your family.

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