Under what conditions can a Will be contested?

UPDATED: Jul 18, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 18, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Under what conditions can a Will be contested?

My great uncle left his estate to my family. My dad, his sister and his brother. My dad died 12 years ago and we have always been told that as his children we would inherit his portion of the estate. My dad’s sister was the executor and we did not get anything. Have we been excluded from the Will? Do we have a right to contest this?

Asked on July 18, 2013 under Estate Planning, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have arisen.  Please go and speak with an attorney as soon as possible.  If there were a Will naming your Dad and it were probated then you most likely would have received a copy and notice being the heirs to his estate.  WHat matters here on distribution is how the WIll was worded. If there were no Will then the intestacy statute would apply.  Notice would most likely have to have been given then too.  But the time to contest Probate is very short once notice is given so please seek help. If your Aunt did something wrong then you could have grounds.  You just have to have "standing" - the right under the law - to contest.  It is a bit too complicated to go in to all of it here.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption