My Dad did a will in 1992, at that time he was not in relationship with 3 of his 4 natural children, for the past 5 yrs since the death of his wife, he has reestablised a relationship with his natural born children, and very solid. However he passed away suddenly without redoing his will, can the will be contested? Janis
1 Answer from Attorneys
Any will can be contested, however, you should always have good grounds for contesting a will. It shoulds like you may have a good argument, i.e., your father's situation changed and he may have had a different intent regarding distribution of his assets, but did not have time to change his will or simply forgot. However, you would need substantial evidence to demonstrate that your father's will does not express his true intentions, whether it be through verbal words to others, a dying declaration, handwritten notes, instructions to his lawyer to change his will, etc.
It would be up to the courts to decide, based on the facts and evidence submitted, as to whether your father's will should be administered as written, or if another interpretation is proper.