Not all estate distributions go the way everyone expects. Some wills leave one or more beneficiaries or heirs upset when they learn they will not receive what they thought they would (or believed they should).
If discovering the contents of someone’s will leaves you feeling this way, then you might consider contesting it. This is not something you should rush into, however. Here are some questions to ask:
Am I eligible to do so?
Many people have no legal standing to challenge a will. If they tried, the court would not even hear their case. There are two categories of people eligible to challenge a will. The first is those who are beneficiaries of the will or were named as beneficiaries in a previous version of the will. The second category is those who would stand to receive something if there were no will and state intestacy laws were called upon to determine how to distribute the estate.
Do I have grounds to do so?
We talked in a previous post about the specific grounds upon which you can challenge a will. There must be a legal issue with the will. For example, the deceased was not mentally capable of understanding what they were doing when they made it, was manipulated or forced into making it a certain way or did not make it at all, and it’s a forgery. Not liking how the assets are distributed is not a valid reason to file a contest, even though it might be the whole reason you wish to do so.
Is it wise to proceed?
Will contests can have a big effect on family dynamics. While there are definitely occasions where a will contest is valid, sometimes the upset it will cause is not worth it for the amount you stand to gain if you succeed, and the money and time that would be spent in the contest.
Legal guidance is wise for those weighing their options when an inheritance seems unfair.