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You don’t have to agree with the will

| Aug 5, 2016 | Civil Litigation |

Not honoring someone’s final wishes seems disrespectful, which is why many people shy away from questioning a will. Some people might not want to step into the legal arena on estate matters because they feel it will look like they are seeking something for themselves and not caring about the person they have lost. But this isn’t always the case: What if the will isn’t representing the person’s wishes?

Wills aren’t infallible, and there are cases where the document in question might not be legitimate in representing the wishes of the deceased. In such cases, family members and loved ones have litigation options for disputing the validity of a will.

One reason you might dispute a will is that the deceased person told you what was in his or her will — or even showed you an early draft of the will — and the will being entered doesn’t match that information at all. While a person always has a right to change a will, a drastic change without a cause can be suspect.

You might also suspect that someone was asserting influence over the deceased toward the end of his or her life, and that might be reflected in the will. If a person was especially controlling at the end of someone’s life and suddenly they are the main beneficiary of a will, that can also be a reason for suspicion.

If you believe that a will being presented for probate is fraudulent — meaning it was signed under false pretenses — you might also have a case to question validity. Our firm works with clients to understand the estate principles and laws governing these processes and to use those principles to make a claim for or against validity when appropriate.