Do you think it’s disrespectful to contest somebody’s will in court?

[Anonymous]

The person who wrote the will made decisions. Why do some people have a hard time accepting the decision of others?

We all have different opinions but it kind of seems disrespectful to me. You don’t have to agree with me though.

[OlderAndWiser]

Wills are generally contested for two reasons:

1. Incompetence: The testator/testatrix was not competent at the time they made the will.
2. Undue Influence: Someone else - someone upon whom the testator/testatrix depended - coerced them into making a will that reflected what the other person wanted, and not what the testator./testatrix wanted.

Do you agree that both of those are valid reasons to contest a will?

[egan3141]

Those are when it's not disrespectful, but I would not remotely agree with those being the main reasons it happens

[OlderAndWiser]

@egan3141 What is your experience with such matters?

[egan3141]

That humans are scum and even when family is involved, do whatever it takes to get themselves the most benefit. My great grandmother is nearing death and most of her family has been spending the last decade slowly manipulating her and even just straight stealing from her to get what they want. Then again, my family is pretty fucked up, so maybe I shouldn't think their actions are common.

[OlderAndWiser]

@egan3141. I am an attorney. I wrote wills and i handler probate proceedings. The reasons i states are actually the two most common reasons for a will contest. However, many people want to contest a will until they consult with an attorney and learn that their reason to contest the will is not a valid reason. Also, at least in my state of Florida, a provision that says you don’t receive anything if you contest the will. . . that’s not enforceable.

[egan3141]

Do you mean that's not enforceable if the will is overturned? If it's not overturned, wouldn't that still be enforceable?

[OlderAndWiser]

Sometimes, people want to make a bequest and then say, ‘but if they filled a will contest, they get nothing.’ That ‘get nothing’ clause is not enforceable.

[egan3141]

How is that not enforceable? Is it actually that conditions are not enforceable?

[OlderAndWiser]

The person still gets their bequest even though they filed a will contest.

[egan3141]

If the will instead said "but if they have not married, they get nothing" is that also unenforceable? That's what I meant by conditions

[OlderAndWiser]

@egan3141 That would be enforceable but. . . you may see those things in movies, but I have not seen anything like that even once in 40 years of practice.

[OlderAndWiser]

Thanks for MHO!

[Asker]

Your welcome.

[egan3141]

"Wills are final and enforceable, even with conditions, unless we say otherwise" Okay, so just like most others laws, it's retarded. Got it.

[egan3141]

In the case of a will that hasn't changed in 10+ years? Yes. For recently changed wills? Depends. Why was it recently changed?

[RavVid]

I do. There are cases where undue influence has been brought to bear and clearly the person who is about to die is not going to be in the best decision making mode.

Recently there have been cases of the children heavying their parent to hand over the money before they die. There is a consideration to be made.

[exitseven]

No. people do all kinds of shady things to end up with somebody's estate after they die. You have to contest it od you think you are getting ripped off.

[beefcakebradybatson]

Sometimes there are valid reasons to contest a will in court

[Sal_Monella]

Not if you can prove coercion.