Many people have certain expectations when it comes to their inheritance. They may think that they will receive a certain asset, whether it has sentimental value or financial value. They may believe that they are going to get a certain amount of money, or they may be sure that financial assets will be divided evenly among all beneficiaries.
But this does not always happen. People sometimes find that they did not inherit the assets that they wanted. A sibling may discover that they were actually given far fewer financial assets than their brothers or sisters. If that person is unhappy with the will, can they challenge it to try to get a greater percentage for themselves?
They still need a valid reason
Being unhappy with the will alone is not a reason for a contest or challenge. Instead, you would have to demonstrate that there is a valid reason, such as:
- Claiming that the will was a forgery or that it was altered after it was written
- Claiming that another beneficiary used undue influence on the person who was writing the will
- Claiming that the will was not properly written, signed and filed
- Claiming that the author of the will did not have the testamentary capacity to write it and did not understand the decisions they were making
For instance, if someone is unhappy to receive fewer assets than their sibling, they may be able to challenge the will if they think their sibling exerted undue influence on their parents in order to have the distribution set up that way. It is not the difference in asset allocation that is the problem, but the reason why that difference exists in the first place.
These can certainly be very complex cases. Those involved need to understand all their legal options.