Did you know those who meticulously plan for the end of life take many steps to ensure their wills are safe from potential disputes? It is a top concern for nearly everyone who creates an estate plan and wants to promote harmony for their grieving loved ones.
Still, there are situations when contesting a will is the only way to ensure the fulfillment of a decedent’s final wishes. If you believe you need to contest a will, you must consider the possible disadvantages of mounting a challenge.
Time and expense
Probate already takes longer than the involved parties would prefer, and initiating a challenge adds even more time to the process. Those who contest a will must also cover many court expenses. These costs could come from your pocket or the estate, potentially impacting its value.
Possible inheritance loss
Many wills contain no-contest clauses that could lead to disinheritance for those challenging the document. Washington probate courts strive to honor the wishes of the deceased. It takes solid proof and a persuasive argument to convince judges to act outside the will’s provisions.
Family discord
Your relatives may disagree with your claim that something is wrong with the will. In many situations, contesting a will creates a disharmony that plagues family relationships for years or decades. Some continue harboring resentment even if it turns out there was a problem with the will.
As you can see, careful consideration is vital in matters that could change the will a loved one leaves behind. Weigh the benefits—protecting a family member’s final wishes—against the drawbacks. Learning about the legal side of contesting a will and how it might affect the decedent’s estate is also beneficial.