What happens when a will is contested?
What happens when a will is contested?
Attorney Gadi Zohar explains:
A will can be contested for many reasons. Often it will be contested for lack of testamentary capacity. Claiming that the person didn’t really have capacity when they signed the will. Undue influence could be contested on the grounds that somebody perhaps promised to make a will to someone else. It’s litigation at that point when somebody contests a will.
It can be very serious. Sometimes it could mean the difference between somebody getting an entire inheritance and ending up with nothing. It’s a formal process. It could go to trial, and many times it settles in mediation. But at that point, when a will is being contested in a probate matter, the advantage of having a lawyer is undeniable.
And especially it’s important to have someone who’s particularly experienced in probate litigation. Probate related litigation really is, its own animal in a sense, different from most other types of litigation.