Can I contest a will if I was the only family member not named in it?

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Old Aug 31st, 2011, 02:59 PM   #1
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Default Can I contest a will if I was the only family member not named in it?

Can I contest a will if I, being the only son, was the only family member not named in it. My children, my sister and her children were all named in it. As well, how long woould I have to file any contest to it?
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Old Aug 31st, 2011, 03:46 PM   #2
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Default re: Can I contest a will if I was the only family member not named in it?

I wish to inform you that you may contest the Will if you can show that Will was made under undue influence or under force or any such point which shows that Will is not valid. It is necessary to show that Will is not valid in order to have your rights. If Will is shown to be valid then property will be distributed as per Will. As regards Statue of Limitation within which Will must be contested will depend upon your state laws. This period will start when you have come to know about the actions which make the Will invalid.

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Old Aug 31st, 2011, 04:56 PM   #3
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Default re: Can I contest a will if I was the only family member not named in it?

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Can I contest a will if I, being the only son, was the only family member not named in it. My children, my sister and her children were all named in it. As well, how long woould I have to file any contest to it?
Yes, a child not being named in the will at all is grounds to contest the will. The law presumes in such a case the person 'forgot' to name the child. You need to file your contest to the will as soon as you know it is being probated and the sooner the better.
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Old Aug 31st, 2011, 06:50 PM   #4
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Default re: Can I contest a will if I was the only family member not named in it?

Friend in Court's advice is more accurate than Affa's in general terms.

But let's back up a bit.

Have you read the will? Did the person who made the will die? Were you specifically omitted in the will or did your name simply never appear?

These questions need to be answered before a legally accurate answer can be provided.
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Old Aug 31st, 2011, 06:51 PM   #5
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Default re: Can I contest a will if I was the only family member not named in it?

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I wish to inform you that you may contest the Will if you can show that Will was made under undue influence or under force or any such point which shows that Will is not valid. It is necessary to show that Will is not valid in order to have your rights. If Will is shown to be valid then property will be distributed as per Will. As regards Statue of Limitation within which Will must be contested will depend upon your state laws. This period will start when you have come to know about the actions which make the Will invalid.

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Undue influence or "under force" is extremely difficult to prove. It's rarely used these days.
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Old Sep 1st, 2011, 06:20 AM   #6
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Default Re: Can I contest a will if I was the only family member not named in it?

No you can’t contest a will in the above mentioned reason. A will is a legal document that specifies the testator’s wish to distribute his estate among his near and dear ones. Nobody can insist the testator to include them. From your question it is not clear that whether the testator of the will is still alive or expired. If the testator is alive at present then you can enquire whether your name is missed mistakenly or not. If the testator has expired then the will is in force and you have no chance to contest the will. The main point is that a will is the testator’s sole discretion and nobody can challenge it.
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Old Sep 1st, 2011, 07:44 AM   #7
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Default Re: Can I contest a will if I was the only family member not named in it?

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No you canít contest a will in the above mentioned reason. A will is a legal document that specifies the testatorís wish to distribute his estate among his near and dear ones. Nobody can insist the testator to include them. From your question it is not clear that whether the testator of the will is still alive or expired. If the testator is alive at present then you can enquire whether your name is missed mistakenly or not. If the testator has expired then the will is in force and you have no chance to contest the will. The main point is that a will is the testatorís sole discretion and nobody can challenge it.
The above response is an excellent example of why this site should shut down its forum so that people won't receive incorrect, bad advice.

Lexus is absolutely wrong. Wills can be contested. They are contested every day. Omitted heirs contest wills and win.

You CAN contest the will you speak of. Probate court will likely find in your favor. Please do not take Lexus's poorly given "advice".
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Old Jul 30th, 2013, 09:04 AM   #8
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Default Re: Can I contest a will if I was the only family member not named in it?

Entirely agree with the last point made. Check out this page for ACCURATE advise when investigating whether you can claim contest a will -- Challenging/Contesting a Will in the UK?
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Old Jul 30th, 2013, 04:18 PM   #9
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Default Re: Can I contest a will if I was the only family member not named in it?

Sooooo, we have an interesting mess in this thread. Everyone is talking generalities and no in is specifying whether they are discussing US, UK or Canadian laws. It is interesting to note the nay sayers are one time, hit and run posters, with no track record for anyone to verify.
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Old Jul 31st, 2013, 03:45 PM   #10
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Default Re: Can I contest a will if I was the only family member not named in it?

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Can I contest a will if I, being the only son, was the only family member not named in it. My children, my sister and her children were all named in it. As well, how long woould I have to file any contest to it?
Being a direct descendant, a child of the decedent, if you were not mentioned in the will you have good grounds to contest it. Relevant facts are underlined so the point is clear.

When a child is not mentioned, it is assumed the person "forgot" to specifically name the child and that leaves the will wide open to challenge. See a probate lawyer for advice and guidance but by all means you would want to file your challenge to the will before it clears probate and the assets are distributed.

When one wants to disinherit a child, the custom is to usually leave $1 (one dollar). That proves they did not forget the child, just wanted to leave nothing. (But a dollar, of course).

The law in the U.S., Canada and Britain are in accord on this point. Same basis in common law and legal history.
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