How do I contest a will?

Contesting a will in South Carolina is a procedural process that can be complex and lengthy. The first step is to contact an experienced probate attorney who can explain the particular state laws and regulations surrounding will contests and provide advice on the legal options available. Generally, the law requires that the person who wishes to contest the will must have "standing"-- meaning they must show direct harm or be a person who would benefit from the outcome. The person contesting the will must file a “Caveat” in the probate court. The caveat serves to notify the court that a challenge to the will is being made. It is important to provide the court with all relevant details associated with the will challenge. The specific reasons for contesting the will must also be included, such as claims of fraud, coercion, forgery, or lack of testamentary capacity. The exact wording of the will must be identified in order to demonstrate the basis for the challenge. The judge will then review the claim and decide whether the will should be deemed valid or not. If the challenge is successful, the estate will be administered according to the laws of intestacy and not the provisions of the contested will. It is important to understand that in the event of a will contest, the legal process can be lengthy and expensive. Persons wishing to contest a will should receive sound counsel from a qualified attorney experienced in probate law.

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How do I contest a will?

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