Jennifer Haslip

If someone files an objection to the will or produces another will, a “will contest” has begun. While will contests are not that rare, and while few people actually win one, they can be extraordinarily costly and create incredible delays.

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It’s also important to know that the requirements for contesting a will require a person to have “standing” to mount a contest.   If, a person has proper standing to contest a will (ex: a child who was cut out of the will by an angry parent, or even by a kindly parent who felt that the local charity, not his children, should get his assets) that person would have standing to bring a “will contest”. If a Will gives one sibling 2/3rds of a parent’s estate and the other 1/3rd, the one receiving less has standing to bring a Will contest. Similarly, if a later will is less favorable to someone than an earlier will, or no will at all, that person has standing. A will contest sometimes is launched to have a different person, bank or trust company serve as Personal Representative for the estate, or as a trustee of Trusts created by the will.