Contesting a Will? Know Your Rights and Your Obligations

Yes, you can contest a will. But there are certain conditions that must exist as well as specific steps that you should take to get the process started. This is not a situation that anyone wants to be in because being left out of a will or not receiving what you deserve is unexpected and frustrating. Some of the steps that you must take have time limits; others need clarification from a legal professional. So your first step should be to think about what the costs will be and then determine if working with an attorney is the right path for you.


You may be able to “eliminate” yourself immediately if you’re not a family member and have not been included in a will filed previously. This means that you may not have standing to contest the will in question. If you have any doubts about your standing in relation to the will, you may benefit from consulting with a legal professional. If you believe that the amount you might receive from a successful process will not be enough to cover legal costs, you should give serious consideration to simply walking away from the contest. However, it still may be wise to get expert assistance if you have any doubts.

One direction that you can take at this point involves working with a firm that will offer you a free trial of legal services. Some law specialists will make this offer based on confidence in their ability to add value to your case, giving you a positive result with minimal cost. You may also want to contact an attorney about contesting a will based on a fixed-fee arrangement, which can eliminate your financial exposure or at least reduce it to a more comfortable level.

A Copy of the Will

This unique arrangement involves a low-cost fixed fee that’s discussed and negotiated first, before the lawyer begins the process. When you consult with your attorney, be sure that you understand if there is a no-win, no-fee agreement included. If your final result is somehow “compromised”, you may also find that you owe a fee that’s significantly reduced. As with any professional assistance, be sure that you understand all the details. If you have concerns about this, ask questions. The leading providers of legal assistance will be happy to work with you and answer your questions accurately and honestly.

You should, of course, have a copy of the will in question so that you and your legal professional will have the document to refer to during your consultations. Make sure that you provide your attorney all the information that he or she will need about why you feel you need to contest the contents of this document. If you believe that you have a legitimate reason to contest a will, you’ll benefit from legal assistance. It’s as simple as that.

Post Author: Kaylyn Vagor