Will Contests

Will Contests in Allen County, Indiana

A will contest is a legal proceeding in which an individual challenges the validity of a deceased person's will. This challenge can be based on various grounds, such as the belief that the will does not accurately reflect the true intentions of the deceased, or that it was created under undue influence, fraud, or lack of testamentary capacity. Will contests are typically initiated by beneficiaries or potential heirs who feel that the will is unfair or improperly executed. The process involves presenting evidence and arguments in court to support the claim that the will should be invalidated or modified.​

Understanding Your Options

When Does a Will Contest Make Sense?

It typically makes sense to consider a will contest if you believe that the will does not accurately reflect the true intentions of the deceased. Common grounds for contesting a will include:

• Lack of Testamentary Capacity: The deceased did not have the mental capacity to understand the nature and consequences of making a will.

• Undue Influence: The deceased was coerced or manipulated into making the will.

• Fraud or Forgery: The will was created or altered through fraudulent means.

• Improper Execution: The will does not meet the legal requirements for execution, such as not being properly witnessed.

What to Expect from a Will Contest

Contesting a will can be a complex and emotionally charged process. Here are some key aspects to expect:

• Initial Consultation: The first step is to consult with an attorney who specializes in probate and estate litigation. They will review the details of your case and advise you on the likelihood of success.

• Filing a Petition: If you decide to proceed, your attorney will file a petition with the probate court to contest the will.

• Discovery Process: Both parties will gather evidence to support their claims. This may include obtaining medical records, witness statements, and other relevant documents.

• Court Hearings: The case may involve multiple court hearings where both sides present their evidence and arguments.

• Settlement or Trial: Many will contests are settled out of court, but if a settlement cannot be reached, the case will go to trial, and a judge will make the final decision.

How Long Does a Will Contest Take?

The duration of a will contest can vary widely depending on the complexity of the case and the court's schedule. On average, a will contest can take anywhere from several months to a few years to resolve. Factors that can influence the timeline include the availability of evidence, the willingness of parties to settle, and the court's caseload.

How Firms Typically Charge for Will Contests

Legal fees for will contests can vary based on the complexity of the case and the attorney's experience. Here are some common fee structures:

• Hourly Rate: Most attorneys charge by the hour for their services. Hourly rates can range from $200 to $500 or more, depending on the attorney's expertise and location.

• Contingency Fee: In some cases, attorneys may agree to work on a contingency fee basis, where they only get paid if you win the case. This is less common in will contests but may be an option in certain situations.

• Flat Fee: Some attorneys may offer a flat fee for specific services, such as filing the initial petition or representing you in court hearings.

Contesting a will is a significant legal undertaking that requires careful consideration and expert legal guidance. If you believe you have grounds to contest a will, it is essential to consult with an experienced attorney who can help you navigate the process and protect your interests.