Top Probate And Estate Planning Attorney Bobby Sawyer Explains Who Can Contest A Will And Why – Fort Mill, South Carolina

Top estate planning and probate attorney Bobby Sawyer founder of Johannesmeyer & Sawyer, PLLC explains that only those with legal standing can contest a will on grounds like errors, undue influence, fraud, or lack of mental capacity. For more information, please visit https://www.jandspllc.com

Fort Mill, South Carolina, United States, March 4, 2025 — When a loved one’s will leaves certain beneficiaries feeling excluded or dissatisfied, the possibility of contesting the will may arise. Bobby Sawyer, a leading Estate Planning and Elder Law attorney in Fort Mill, South Carolina, explains who has the right to contest a will and the legal grounds for doing so.

For more information please visit https://www.jandspllc.com

As the founder of Johannesmeyer & Sawyer, PLLC, Sawyer emphasized that only individuals with legal “standing” can contest a will. This includes those who are personally affected by the outcome, such as family members, beneficiaries who were either named or omitted, business partners, or creditors.

“Before considering contesting a will, it’s crucial to consult with an experienced attorney who specializes in will contests,” Sawyer advised. “Will disputes can be emotionally charged, particularly when families are grieving. An attorney can provide objective guidance, evaluate the validity of the will, review any supporting evidence, and help you explore your legal options.”

Sawyer explained that there are several legitimate reasons for contesting a will. One common ground is technical flaws, such as missing signatures, insufficient witnesses, or incomplete wording, which could render the will invalid. Another issue may involve undue influence, where the testator (the person creating the will) was coerced or manipulated into making changes that unfairly benefit someone. Fraud or forgery is also a valid reason for contesting the authenticity of a will.

Mental capacity is another critical factor. The testator must be of sound mind when creating a will. If there is evidence, such as medical records or witness testimony, suggesting the testator was not mentally competent at the time, the will’s validity could be called into question.

“To contest a will, a lawsuit must be filed in Probate or Superior Court,” Sawyer explained. “If the court finds sufficient evidence, the will may be declared invalid, and assets will be distributed according to a previous will or under intestate succession laws.”

Timing is also a key factor in will contests. Sawyer pointed out that challenges must be filed within the statutory time limit after the will is submitted to probate. Delays could forfeit the right to contest the will, making it essential to act quickly and seek legal counsel.

“Challenging a will is a serious legal matter and requires credible evidence to succeed,” Sawyer concluded. “A contest based on jealousy, greed, or unfounded reasons will not succeed in court and will not be supported by an ethical attorney.”

Source: http://RecommendedExperts.biz

Contact Info:
Name: Bobby Sawyer
Email: Send Email
Organization: Johannesmeyer & Sawyer, PLLC
Address: 1184 Springmaid Ave suite 201, Fort Mill, SC 29708, USA
Phone: (803) 233-6777
Website: https://www.jandspllc.com/

Release ID: 89154238

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