Unfortunately, even with the existence of a will, a deceased person’s rightful beneficiaries may feel inadequately provided for, necessitating proceedings to contest or challenge the will. This means that challengers can make claims against the will for either of two reasons. There may be something amiss with the will itself or circumstances under which the will was written, or the will is perfectly legal and binding, but unfair in its distribution of assets.
In such cases, the validity of the will must be determined in a court of law. There are specific procedures to be followed pursuing such claims. As with many other civil proceedings, contesting a will can be lengthy and therefore expensive for both parties. How much the dispute is worth depends on the size of the estate in question.
There is no doubt about it – the process can be difficult and many times it can end up unsuccessful. This is especially true when challenging a legal will. When this happens, you will have to bear the cost of your own legal counsel and in some cases, the court may rule that you cover the other party’s legal costs as well.
Therefore, before you decide you have grounds on which to contest a will, you should seek legal counsel to help you decide whether there is compelling evidence before presenting your claim to a judge. This initial visit could greatly help you to save costs otherwise incurred in fighting a losing battle.
