An attorney specializing in will contestation represents clients seeking to challenge the validity of a will, or defending a will against such challenges. This specialized field combines estate law with litigation skills and often involves sensitive family dynamics.
What is Will Contestation?
Will contestation (hitnagedut letzava’ah) is the legal process of challenging the validity of a will in the probate court. It is brought by those who believe the will does not represent the deceased’s genuine wishes, or that the will was improperly created.
The Attorney’s Role in Contestation
A will contestation attorney analyzes the grounds for challenge, gathers evidence, files the appropriate applications in court, manages the probate proceedings, and represents the client through to resolution.
This work requires expertise in estate law, evidence law, and litigation practice, as well as the ability to handle emotionally charged family situations.
Common Grounds for Contestation
The most common grounds for challenging a will include: lack of testamentary capacity (the testator did not have sufficient mental capacity), undue influence (someone else’s will was imposed on the testator), forgery (the will is not genuine), formal defects (the will does not meet legal requirements), and circumstances suggesting the will does not reflect the testator’s true wishes.
The Contestation Timeline
Will contestation proceedings can be lengthy – often taking one to three years to resolve. During this period, the estate is typically in suspension, with assets frozen pending resolution. An attorney will work to move proceedings as efficiently as possible.
Settlement in Will Contests
Many will contests settle before trial. A negotiated settlement that acknowledges each party’s legitimate interests can be more satisfactory than a court victory that causes permanent family damage. An attorney committed to achieving the best outcome – whether through settlement or litigation – serves clients better than one who simply maximizes conflict.
