How to Break a Last Will & Testament
- 1). Review your situation to confirm you have a good reason to challenge a will (proof the signatures are invalid, the will author didn't have legal capacity, there was undue influence or fraud or a significant mistake not intended by the author). Secure and find documentation to support this contention. Obtain a copy of the will if you don't have one already.
- 2). Take your argument and supporting documentation to an attorney skilled and experienced in estate law. Confirm you have eligible standing to even challenge a will (this varies by state). Request the attorney review your details to determine the chances of winning in court.
- 3). File a petition in court to challenge the given will. Allow your lawyer to make the related filings and motions to bring the issue to a hearing for the court's review of your argument. Testify as necessary for the proceedings. Call witnesses if possible to support your position. Wait for the court's review and decision.
- 4). Look for the court's written decision to be provided in print if it is not provided by the judge at the end of the hearing. Abide by the ruling.