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Why would someone challenge a will?

On Behalf of | Nov 1, 2022 | Probate & Estate Litigation

Probating someone’s estate is complex. When someone challenges a will, it just gets worse.

There are a few reasons why someone would challenge a will. Here are some common reasons.

Inequity

When money and family mix, disputes arise. One of the more common reasons that someone would bring a challenge to the Indiana probate committee is that they disagree with the distribution of someone’s assets.

General dysfunction, marriage issues and sibling rivalry are the most common reasons people believe they are not getting their share of the estate. In addition, a beneficiary may think the deceased should have left them a more significant portion of their assets, leading to probate litigation.

Executor Issues

One crucial decision the deceased made was appointing an executor for their estate. However, someone may try to challenge this appointment. One of the more common reasons for this challenge is that the executor cannot complete their tasks. Beneficiaries may also challenge an executor because they feel that person is acting fraudulently or not adhering to the deceased’s will.

Validity

Instead of challenging a portion of the will, someone can also challenge the entire document. That means that someone questions the will’s validity. Mistakes and mental capacity are the most common challenges that can cause probate litigation.

These are just some of the reasons why someone would challenge a will. Aside from worrying about getting the assets, the deceased’s family faces a very emotional time. However, this litigation would be less likely if the dead had an estate plan.