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Contesting a will can be a daunting prospect.
It is filled with legal complexities and emotional turmoil.
But, knowing your rights and the process provides clarity during a difficult time.
This article aims to provide an in-depth overview of each aspect of contesting a will.
You will get insights into:
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Yes, you can contest a will.
But only if you believe there has been a mistake or foul play involved in its creation or execution.
Contesting a will means challenging its validity in court.
This is because you think:
Contesting a will starts with understanding whether you have a legal right.
This is known as “standing,” to challenge the document.
Here are the people that can contest a will:
The first step involves filing a petition with the probate court.
You will have to state your intention to contest and the basis for your challenge.
Gathering compelling evidence is critical in contesting a will.Â
Evidence needed to contest a will may include:
Understanding the legal basis for a challenge is crucial.Â
The most common grounds include:
This occurs when the testator (the person who made the will) is coerced into making or altering their will.
This is under the pressure of another individual, often to the benefit of the influencer.Â
Proving undue influence can be difficult.Â
You have to demonstrate that the testator’s free will was overpowered to create the will.
For a will to be valid, the testator must have had testamentary capacity.
This is the mental clarity to understand:
Contesting a will on these grounds often involves:
Each state has specific requirements for how a will must be executed.
For example, Georgia requires you to sign the will in the presence of two witnesses.
A will that fails to meet these legal standards may be contested for improper execution.
This will make it an invalid will.
Challenging a will for fraud means showing that the person who made the will was tricked into thinking they were signing something else, not a will.
Forgery, on the other hand, implies that the document or signature was faked.
Contesting a will involves several key steps, starting with:
It’s essential to gather and present evidence supporting your claim.
This may include witness statements, medical records, or expert testimony.
The process is legally demanding and can be lengthy and costly.
It often requires the guidance of an attorney specializing in probate law.
Given the complexity of probate law, seeking legal representation is crucial.
An estate attorney can:
Many will contests are resolved through mediation or settlement before reaching a trial.Â
This can be a less adversarial and costly approach.
It allows all parties to reach an agreeable resolution with the help of a neutral third party.
The outcome of a will contest can vary widely.
Outcomes range from:
In some cases, the court may find the entire will invalid.
In this case, the estate will get distributed according to state intestacy laws.
You need to understand the potential outcomes before contesting a will.
There are a ton of financial and emotional costs involved in contesting a will.Â
Fill out the form below to talk to a will attorney.Â
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