How To Challenge A Will On Technical Grounds
While a will is meant to make sure that the deceased has some control over what is done with their assets after they pass away, this doesn't mean that the will cannot be disputed, especially if the will has not met all of the technical requirements. However, before you dispute a will, you will want to speak with a will dispute law attorney.
Those Who Can Challenge a Will
You will need to be an "interested person" to be able to challenge a will even on technical grounds. This means that you would need to be an individual listed in the will or an individual who would receive a portion of the estate if it was considered invalid.
For example, if you were a family member who was unexpectedly written out of the will, you may be considered an "interested person" and can challenge the will.
Why You Might Challenge a Will
You may be able to challenge the will if there is a technical legal requirement that has not yet been met. These requirements depend on the state in which the deceased resides. For example, in Alabama, a will needs to be signed in the presence of two individuals and should be typed.
A common type of will that has technical issues is a DIY will. Oftentimes, the will is not customized to the laws of the state and may not be considered valid as a result. If the will is not notarized, this does not necessarily mean that it will not be considered valid. However, a notarized will can be much more reliable.
The Role of a Will Dispute Lawyer
Your will dispute lawyer will allow you to see the entire picture and will provide you with advice on whether you should dispute the will and how you should go about doing that. A dispute over a will is very complex and expensive. However, if your attorney believes that you can make a strong case, it might be worth it.
How To Handle No-Contest Clauses
In some cases, the will might include a "no-contest clause." With this type of clause, the individual who contests the clause can risk being disinherited.
However, this type of clause is only considered to be valid if the will is contested in bad faith. Therefore, if you consult with your lawyer and they are able to find a technical issue with the will, it might still be worthwhile to contest it.