What is a will contest?

A will contest is a legal action taken when individuals dispute the validity of a will. It is a way to challenge the validity of a will provided that it meets certain conditions. In South Carolina, a will contest is a challenge that can be made by any person who believes their rights have been prejudiced by a will. It can be against a person’s estate plan or against the will itself. A will contest is started by filing a complaint in probate court, and it must include specific information in order to be considered. The complaint must specify the grounds for contesting the will, state the facts that support the argument, and name the person against whom the complaint is made. If a will contest is successful, the court may either strike down the will entirely or modify it to resolve the dispute. In some cases, the decision may be to issue an instruction to the executor to carry out the dispute differently than is indicated in the will. Will contests can be complicated and lengthy. For that reason, it is recommended that anyone considering a will contest in South Carolina should work with an attorney to help navigate the process.

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What is a will contest?

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