The article describes the process and the possible repercussions of contesting a will. Mr. Norris explains the process of contesting a will, including the possible range of emotions that the Executor and others involved may experience throughout the litigation process.
Mr. Norris explains that, prior to challenging a Will, “an individual must first evaluate the value of the Estate and their potential gain as compared to the expenses they may incur in obtaining that relief. In addition, a party should consider the emotional trauma which is prevalent in Estate litigation.” Additionally, he explains that, “After a Will contest has been commenced, the Court will often recommend that the parties consider mediation in an attempt to resolve the matter without the need for additional litigation. Often, the parties are able to resolve the dispute through Mediation without the parties incurring costly additional expenses. If a case cannot be resolved through mediation however, the case will move forward through discovery, and thereafter, to Trial.”
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