Is there a statue of limitations on contesting a Will?

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Is there a statue of limitations on contesting a Will?

My grandmother died in 1994. Her Will was executed as written. I was the closest living relative. The only grandchild. I received $5000 and the balance of her estate was left to various religious organizations. Is it too late to contest that Will?

Asked on August 24, 2010 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order to contest a will in general you have to have sufficient "ground" or reasons for doing so.  Each state has their own set of rules but there are some that flow from state to state.  One would be what is known as "undue influence" by someone on the part of the testator (your Grandmother here) or that she lacked the "mental capacity" to execute a Will under the law.  There are also time frames that are set by statute to contest a Will.  What you would have to find out is if the time frames could be "tolled" or extended in some way for some reason (here I am thinking that you may have been young at the time so under s "disability" yourself to contest?).  You should speak with an attorney in your area for consultation purposes.  Good luck.


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