Red Flags to Look for When Considering Whether to Contest a Will

When deciding whether you should contest a Will, there are some red flags you may want to look out for. For instance, there may be reason to be skeptical of an alleged Will that deviates dramatically from a prior version. If the Decedent executed a Will ten years prior to death in which he left everything to his son and daughter, in equal shares, and then, shortly before his death, made a Will leaving everything to his friend, some scrutiny may be appropriate. Another red flag is a Will executed while the Decedent was in a vulnerable position due to a diminished mental capacity or a disability. You may also want to look for mistakes in the alleged Will regarding the Decedent’s family members or assets. Mistakes such as these may be hints that the Decedent did not actually read the Will or did not have an accurate recollection of his or her family members and assets. A Will that is not supervised by an attorney may also demand some investigation. While it is not necessary to have an attorney take part in the Will process, the absence of an attorney may indicate that the proper procedures were not followed or that an attorney was unwilling to take part in supervising the execution of the Will because the testator lacked testamentary capacity. These are just a few examples of things to look out for when deciding whether to contest a Will. If you’re pondering this question, consult with an attorney for a thorough assessment of your situation.