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.