A will contest commences when the executor is served with a Verified Complaint, seeking to invalidate the will. Assuming the contest was filed within the statute of limitations, the executor needs to first contact the drafting attorney, who will provide beneficial information on the will’s validity and become an essential witness. Next, the executor will need to file a response to the complaint. After doing so, it will be essential to find any witnesses who can attest to the validity of the testator’s will and any documents relating to asset distribution. Preparing for a will contest can be daunting, but it is the executor’s fiduciary duty to defend the will.
See Stark & Stark, Defending a Will Contest, National Law Review, July 15, 2016.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.
