If you’re considering contesting a will, you need to understand how the process works. Will contests are formal objections to the validity of a testator’s will. They are made on the basis of the contention that the will doesn’t reflect the testator’s intent or is otherwise invalid.
Standing to contest a will
In some states, you may be able to contest a will if you have a pecuniary interest in the estate of the deceased. A lawyer can help you decide if you have standing to contest a will. You can also challenge a will on other grounds, such as undue execution. This means that the testator did not execute the will as he or she intended.
There are three main requirements for standing to contest a will: legal standing, an invalid will, and the right to inherit. Once you meet these requirements, you will then need to present evidence that the will is invalid. In many cases, you will have to show that the will was made in bad faith. In other cases, you will need to show that the will was not signed in good faith, and that the testator had undue influence.
The surviving spouse is entitled to the largest intestate share in the estate. However, there are some cases where a surviving spouse contracts away the right to contest a will. This occurred in the Alibayof case in Manhattan Surrogate’s Court. In this case, the wife sought discovery of the deceased testator’s will after her husband died, but the proponent of the will objected to this request based on a separation agreement.
Cost of contesting a will
If you want to contest a will, you’ll need to pay for a lawyer. The costs vary depending on the complexity of the dispute, the evidence you have, the number of parties involved, and whether you’re willing to negotiate. If you’re on a tight budget, consider Legal Aid.
To file a will contest, you’ll need to file a petition in probate court. You can do this yourself, or you can hire a lawyer to handle the case for you. You’ll also need to gather proof to support your case. The probate judge will decide on the merits of your case.
Costs vary, but the initial probate process may cost you between four and five thousand dollars. After you’ve filed your objections, you’ll need to conduct a discovery process, which includes document discovery and depositions of all parties. Then, if you’ve decided to proceed to trial, the costs can easily reach the high five-figure range.
Time limit for contesting a will
The statute of limitations governs the time you have to challenge a will. This period varies from state to state but is typically four months or six months. If you think a will is invalid or does not include the proper beneficiaries, you must act fast to protect your legal interests. A delay in challenging a will can make the estate difficult to divide.
A lawyer who specialises in trusts and will contests can advise you on how to contest a will in Sydney properly, especially on the statute of limitations. It is essential to retain an attorney as soon as you discover you are eligible to contest a will. You need to have ample evidence to support your claim. A lawyer can help you file the proper papers.
Although filing a will contest within the time limit is important, it does not guarantee the court will consider your objection. A court must be convinced that the deceased’s intentions were unsound. Even if the deceased left no instructions about the estate, you may still find that the will is invalid.