Q: Half beneficiary and disinherited heir Will contest
If a will contest has been filed in Tennessee but has not yet gone to court, can the contesting parties withdraw their case and still inherit under the will?
Additionally, if their contest has caused delays without presenting any evidence, should I file a motion to dismiss the case? Would it be possible to request sanctions or penalties for their actions if they are delaying in bad faith?
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A: The contesting parties as plaintiffs can certainly voluntarily dismiss their Will Contest action by a written Notice to the Court and with service on all Parties. However they may be liable for unpaid Court Costs under their Bond filed in the action. A proposed order should accompany the notice which orders the Will document to be probated as the Will of the Decedent. The Judge might require other mandates. The proponents of the Will would not want to also ask for sanctions if they are trying to get the Will probated and wish to administer the Estate thereunder (that would be illogical and not achieve the desired result). The Will proponents need to talk to their lawyer and get this settled, and the Estate administered.
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