Losing a loved one is a difficult and traumatic time and learning you have been left out of a will are not receiving what you expected can make your experience even more upsetting.
When you believe the terms of a will are invalid, you may consider contesting it.
Common reasons for contesting a will
There are various reasons you may believe the contents of the will are invalid. Maybe you believe your loved one was not of sound mind when they wrote it, if they were suffering from a condition such as dementia or struggling with mental illness.
Or perhaps you believe your loved one was influenced by someone else when writing their will.
For example, if a cousin who was hoping to receive a large portion of the estate and has a personal dislike toward you was with your loved one when the will was written, you might worry that your cousin threatened or coerced your loved one into writing the will in a certain way.
Kentucky will contest requirements
Kentucky law requires that a will contest be filed within two years of the will being accepted by the probate court. Therefore, if you want to contest the will, think carefully about whether it is the best choice, but be mindful of the time requirement involved.
Additionally, only certain people can contest a will. You can only contest the will if you are named in the will, a potential beneficiary who did not receive a share of the estate or someone who would have received property if there was no will, regardless of whether you were named in the will or not.
The first step to challenge a will is filing a petition in probate court. Your petition must state the grounds on which you contest the will. The probate court will schedule a hearing on your petition.
Proving your case in court
The hearing is your chance to prove your case. You must have evidence to back up your claim. Prevailing in a will contest is often extremely challenging because you must have more evidence than your testimony to prove your case.
The best type of evidence to prove your claim depends on the basis for your challenge. If your basis is that your loved one was not of sound mind, testimony from a medical professional about their mental state at the time of signing the will could help.
If your basis is undue influence, you must show that the person you believe coerced your loved one would receive a substantial benefit under the will and they were actively involved in the will execution.
Obtaining justice for your loved one
Will contests can be financially and emotionally costly, sometimes damaging close family relationships. However, if the will truly does not express what your loved one wanted, contesting the will can be the only way to get your loved one justice.
If you do decide to challenge a will, make sure you are prepared with strong evidence to prove your case.