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Is Contesting Last Will And Testament The Right Thing To Do?

Wills tend to evoke strong feelings in many people. Some people don’t believe in them at all and refuse to make one. Here's how to make a Will to ensure the right things go to the right people.

Jasper L. Edwards 


What Does it Mean When a Will is Contested?

A Will is 'contested' if during the probate process someone files a lawsuit seeking to have it declared invalid. To discourage your will from being contested, you'll want to get it signed by reliable witnesses who can vouch for your mental state, and you can also add a "non-dispute" clause. You can create your Will on Rocket Lawyer quickly and easily with an online interview, so why not get started today!

Wills tend to evoke strong feelings in many people. Some people don’t believe in them at all and refuse to make one. Others recognise that they need to make sure their family is well looked after when they die, and so they make a will to ensure the right things go to the right people.

But even when someone does make the right legal arrangements, there can still be problems to deal with afterwards. Contesting last will and testament can and does happen all over the world, and it can bring about problems that can last for months - if not years - into the future, long after the person in question has died.

Why Does Contesting a Last Will and Testament Happen?

Losing someone you love is obviously a very emotional time. People in estranged families who haven’t seen each other for years can be brought back together again in a situation that is already fraught with emotion. When people who don’t get on are involved in what happens after a person’s death, it's a small wonder that contesting a last will and testament doesn’t happen more often than it actually does.

Some relatives may disagree with the terms of the will when they are made known. Some people may not get what they thought they would; others may be left out altogether. In any event, if someone believes that the estate of the deceased is not being shared out as it should be, then contesting last will and testament can become a reality.

Considering The Long Term Implications

It is often said that wills can bring out the worst in people, and to an extent this can be true. If you are thinking about contesting last will and testament you need to consider how it might affect the relationships between you and other family members - and even friends in some cases - for months and years to come.

If you believe you are doing the right thing by contesting last will and testament you will need to make sure you have a firm case. Sometimes it is evident that while someone may like things to have been divided up differently, the courts would not change what has been done. For example it may be that a parent has left their child everything they possessed, and an ex-partner ends up contesting the last will and testament. If the couple were not even married then it is pretty clear that no one is likely to change the terms of the will.

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 Sample Legal Will

 Sample Last Will and Testament

 Sample Living Will

 General Power of Attorney (POA) Form