I want to contest a will. What are the steps to make this happen?
Nutley, New Jersey estate planning and probate attorney, Brad Micklin, talks about how you can contest a will.
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The steps to make a will contest happen are going to vary depending on the time that you’ve made this decision. There are certain time frames by when you can file a will contest and not and I won’t go into that in this setting. But once you’ve decided that you can file a will contest I think you need to determine the grounds for it and gather the proofs to establish it because there’s essentially two main grounds to challenge a will.
One is lack of capacity and the second would be some kind of confidential relationship or undue influence. So if you have one of these reasons to challenge a will you need to gain some evidence before you file to make sure that you can prove the case that you have.