Key Information You Need to Know About Will Contests

When a loved one passes away, their last will and testament becomes a crucial document that dictates the distribution of their assets and property. Ideally, this process should go smoothly, reflecting the genuine wishes of the decedent. Sometimes, however, disputes arise, often known as will contests. 

If you find yourself involved in or foreseeing such a scenario, understanding the basics is essential. Let us answer several questions right here in our blog. Our goal is to help you understand not only what a will contest is but help you navigate the situation you may find yourself in.

1. What is a will contest? A will contest is a legal challenge to the validity of a will or its specific terms. It is brought to a probate court by an individual who believes that the will doesn’t accurately reflect the wishes of the deceased or that it was executed under questionable circumstances.

2. Who can contest a will? Not everyone has the legal standing to contest a will and you will want to discuss this with your South Carolina attorney as soon as possible. Typically, only “interested parties” can do so. These include beneficiaries named in the last will and testament, those who would inherit under state law if there was no will, or those who would inherit more under a prior will.

3. What are common grounds for contesting a will? While there are different grounds in different states, what we often see are the following claims:

• Undue Influence. This is the claim that the deceased was coerced or manipulated into drafting the will in a certain way, usually benefitting the influencer.
• Lack of Testamentary Capacity. In this instance, the claim is that the deceased did not have the mental capacity to understand what they were doing when they made the will.
• Fraud. This involves a situation where the deceased was misled into signing the will or including certain provisions based on false information.
• Improper Execution. Every state has specific requirements for executing a will, such as witness criteria. If these are not met, the will may be able to be contested.
• Existence of a Later Will. If a more recent will is discovered, it may supersede the older one.

4. The process of contesting a will. Once someone decides to contest a will, they typically need to file a formal objection with the probate court before it approves the will’s execution. The process then involves legal procedures, potentially including discovery, witness testimonies, and expert consultations. You will want to meet with your South Carolina attorney first to discuss the process for your unique situation.

5. Time limits. There are specific statutes of limitations that dictate how long someone has to contest a will after it has been submitted to probate. Being aware of this window is crucial and your South Carolina attorney will be able to assess key components with you.

7. The cost of contesting. Contesting a will can be expensive. Costs can include attorney’s fees, court costs, expert witness fees, and other associated expenses. It is essential to weigh these potential costs against what’s at stake with your attorney. To avoid a prolonged court battle, parties sometimes opt for mediation or other alternative dispute resolution methods to settle their disputes regarding a will.

While the passing of a loved one is emotionally taxing, the complexities of will contests can add another layer of stress. It is always recommended to consult with an experienced South Carolina estate planning and probate law firm if you believe a will contest is on the horizon. They can provide invaluable guidance, ensuring your rights and interests are protected and that the wishes of the deceased are honored appropriately.

We know this article raises more questions than it answers. At Jabber & Isaac, we are dedicated to providing the best legal counsel in a caring and compassionate way. If you are looking for a premier law firm in the Midlands area of South Carolina, look no further than Jabber & Isaac. To learn more about our firm, we encourage you to contact us today to schedule an appointment to meet with one of our attorneys.