Will Disputes, Part 2: How can I Win a Will Dispute?


With decades of experience advising our clients on the most delicate and most heated Will disputes, we have a deep understanding of how and why one would and should contest a Will. 

 Trigger Warnings

As mentioned, there are myriad grounds for disputing a Will. Some of the most common reasons we’ve come across a contested a Will deal with is the estate’s valuation or disapproval over how the executor is handling the estate. The more complicated and involved reasons for Will disputes are in the realm of fraudulently procured Wills, undue influence on who created the Will, and other reasons that are much more serious than simply not liking how the Will was left.

 The Strength of the Case = The Strength of the Will 

Another very common aspect of Will disputes is the close examination of the Will by experienced legal counsel. Your attorney should look at who prepared the Will, how it was prepared, whether it was properly executed and notarized, and if this Will is a late-in-the-game deviation from previous Wills that included folks left out of the new revision. 

These issues are complex and require a knowledgeable, keen eye to examine all the facts involved. In doing so, qualified legal counsel will determine any challenges or hurdles and explain what options are available to rectify the issue.

We not only look at the circumstances surrounding the creation of the Will, but it’s imperative to look at the state of mind and state of wellness of the executor when they created the Will. It is not uncommon to see a testator execute a Will while they are mentally incapacitated, medically unfit, or under undue pressure, unfortunately. This information is also necessary to evaluate the strength of a case. 

If you’d like to discuss a potential Will contest case, it is essential to contact our offices as soon as possible, so we may discuss the matter with you and cover some of the details mentioned here. These cases are pretty complicated, and it is often downright exhausting for our clients. We would be more than happy to meet with you and discuss the details, facts, and circumstances surrounding your case.

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