Wills allow you to ensure that your wishes and intentions are carried out after you are gone. Unfortunately, your wishes might not be perfectly aligned with those of your family and friends. On the other hand, maybe you used a do-it-yourself form and your real intentions are not carried out by your will. Perhaps what you really wanted and what you say in your will are quite different.

No matter what the circumstances, in these tough economic times, some survivors are heading to probate court to fight for what they believe is their share of their loved ones' estates. These actions are called will contests. Will contests begin in probate court but can sometimes end up in higher courts, especially if there is a particularly large estate at issue.

Some estate planning attorneys report that they are receiving more will contest cases. This could be attributed to high unemployment rates and current economic hardship. Some individuals may be counting on a large inheritance from an old relative, and be devastated when they find out they are not receiving a fraction of their expectation or nothing at all.

Will contests are difficult to win, as courts generally uphold a will. Wills can be contested on a few grounds, the most common being undue influence. Undue influence occurs when someone, usually a person in a position of trust, uses their influence to change how someone else's will is drafted. This can happen where a sick or elderly person is isolated by an individual. The individual might coerce the vulnerable person to leave his or her money to the individual or to cut certain people out of the will. 

Whether or not the number of will contests is increasing, they are a reminder of how important having a clear, precise and updated will can be. 

Related Resource: Connecticut Law Tribune "Where There's a Will, There's a Way - To Object" 8/23/10