Contested will frequently asked questions

What is contesting a will?

Contesting a will is a challenge to the deceased estate. Generally a beneficiary, or someone who is not a beneficiary and believes they should be given a larger part of the estate then prescribed in the will. Or a person may argue that the entire will is invalid due to say mental incapacity or duress.

As an executor what do I do if the will is contested?

As an executor of a will and the manager of the deceased estate immediately distribution of assets and engage formal legal counsel. Then act on that legal advice and gather all the documentation you can. Gathering documentation is very difficult and why a Executor Estate Tool can be helpful and save thousands in legal fees.

The will clearly states something but people disagree, what should I do?

Regard this as contesting the estate, immediately pause asset distribution and engage legal counsel.

What is the cost of will being contested?

Thousands of tens of thousands of dollars in legal bills, months of time, lots of emotional energy and often long term relationships breakdown when wills are contested.

What is best way to reduce the cost of a contested will?

First have the Testators wishes clearly captured in an Executor Estate Tool that clearly reflects the Will. Then quickly engage legal counsel and hope that the dispute can be resolved via mediation and a court hearing that requires more legal fees does not eventuate.