Is Contesting a Will Worth It? Pros, Cons, and Legal Considerations

The passing of a loved one is always emotional — and when questions arise about their will, emotions can quickly turn into confusion, frustration, or even legal conflict. For some, contesting a will may seem like the only way to pursue justice or protect their rightful inheritance. But is contesting a will really worth it?

At May Herr & Grosh, we’ve helped families across Pennsylvania and beyond navigate this difficult and often misunderstood legal process. In this blog, we’ll explore when contesting a will makes sense, what you should consider before moving forward, and how an experienced estate attorney can guide you through the process.


What Does “Contesting a Will” Mean?

Contesting a will refers to the legal process of challenging the validity of a deceased person’s last will and testament. This usually happens in probate court, where a person with “legal standing” — typically a beneficiary, heir, or someone expecting to inherit — files an objection to the will on certain legal grounds.

Common reasons for contesting a will include:

  • Lack of testamentary capacity (the person wasn’t of sound mind when the will was made)
  • Undue influence (they were manipulated by someone else)
  • Fraud or forgery
  • Improper execution (the will wasn’t signed, witnessed, or drafted according to state law)
  • A more recent will exists

The Pros of Contesting a Will

There are situations where contesting a will is not only justified — it’s necessary. Here are some potential benefits:

✅ 1. Justice for a Wrongful Exclusion

If you were unfairly excluded due to fraud or coercion, contesting the will could restore your rightful share of the estate.

✅ 2. Prevent Abuse and Exploitation

Sadly, many seniors fall victim to manipulation, especially in the final stages of life. Contesting a will may expose undue influence or exploitation by caregivers, family members, or others.

✅ 3. Uphold the True Intentions of the Deceased

Sometimes, a will doesn’t accurately reflect the decedent’s wishes — especially if it was updated under pressure. A challenge can help ensure their original, honest intentions are followed.

✅ 4. Protect Vulnerable Family Members

When one person benefits at the expense of others — especially children or incapacitated individuals — contesting the will may help redistribute the estate more fairly.


The Cons of Contesting a Will

While the idea of correcting an injustice is appealing, contesting a will isn’t always simple — or cost-effective. Here are some important drawbacks to consider:

❌ 1. Legal Costs

Estate litigation can be expensive. While some attorneys may offer contingency or flat-fee arrangements, many charge hourly. You’ll need strong evidence to make the cost worthwhile.

❌ 2. Emotional Toll

Family disputes over inheritance can cause lasting rifts. Even if your legal case is strong, the emotional impact of litigation may linger for years.

❌ 3. Burden of Proof

The person contesting the will carries the burden of proof. You’ll need solid documentation and possibly expert testimony to succeed.

❌ 4. Time and Delays

Contesting a will can delay the probate process for months or even years. During that time, assets may remain inaccessible or frozen.

❌ 5. No-Contest Clauses

Some wills include “no-contest clauses,” which penalize beneficiaries who challenge the will. If your challenge fails, you could lose your entire inheritance.


When Is It Worth It?

Here are a few scenarios where contesting a will may be worth pursuing:

  • A suspiciously large inheritance is left to a non-relative who appeared late in the decedent’s life
  • The will contradicts a long-standing estate plan or verbal agreements
  • The decedent suffered from cognitive decline when the will was made
  • You have documented evidence of fraud, coercion, or undue influence
  • You were a dependent or close family member completely left out without explanation

How May Herr & Grosh Can Help

At May Herr & Grosh, we offer clear, compassionate legal guidance for individuals and families considering contesting a will. Our estate litigation attorneys can help you:

  • Evaluate your legal standing and chances of success
  • Gather and preserve evidence
  • Understand the potential risks and rewards
  • Navigate probate court procedures
  • Protect your inheritance rights

We work to resolve disputes efficiently and, when possible, through mediation or settlement — saving our clients time, money, and unnecessary stress.


Final Thoughts

Contesting a will is not a decision to take lightly — but in the right circumstances, it’s a powerful tool for righting a wrong and protecting your loved one’s legacy. If you’re facing questions about a will or estate plan and need trusted legal advice, don’t go it alone.

Contact May Herr & Grosh today for a confidential consultation. We’ll help you weigh your options and determine whether contesting a will is truly worth it — for you, your family, and your future.