Can you contest your dad's will if you are not in it?

Answer 1

Answer

It is possible, but difficult. A will contest is a court proceeding in which a court is called upon to determine the validity of a will. The person challenging the validity of a will is often referred to as the "contestant." The person who is defending the will is called the "proponent."

In a will contest, the contestant offers proof or evidence that the will is invalid. Such proof is usually intended to demonstrate any one or more of the following: (1) the will was not properly signed; (2) the person making the will (the "testator") lacked the requisite testamentary capacity; (3) the testator was subjected to undue influence in the making of the will; (4)

the testator was fraudulently induced into signing the will; and (5) there was a mistake in the will.

Sometimes expert testimony is required. For example, the contestant might need a psychiastrist to review the decedent's medical records to provide an opinion on the mental capacity at the time the will was signed.

Answer 2

Legally, yes, if it is based upon certain reasons. If you believe the will is a fraud, or that there was undue pressure exerted upon him to get him to leave you out of it, or if you feel that he was incompetent when he made it.

However, this is claimed far more times than it is true. And in the claiming, all it causes is pain, heartache and big fees for attorneys on all sides. It's not uncommon to see the estate whittled away to nothing in legal fees.

Consult with an attorney - and consult with yourself quietly - it may be the case that you can be at peace without whatever he earned. And remember, however he earned it, you did not. It is at a basic level, his to give out as he wished.