How to contest a will

How To | February 3, 2013 | Comments 0
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How to contest a will

By: LawInfo
Published: 12/2008
A will is designed to distribute the property and assets in the manner in which a deceased person you want to be distributed. Accordingly, a will is legally binding it is properly executed and was created when the person was mentally competent to do so and free from undue influence.That said, there are times when a will is contested in court. A will can not be challenged merely because someone is unhappy with their rules and think that the property should have been distributed differently. It can only be challenged if the challenger is willing to take the matter to court, is valid to the challenge and follow the proper procedures for this.

Subject to contest a Will

A person must have grounds to contest a will. This means that a person must have a financial interest in the outcome. That financial interest not necessarily have to be money. It can also be a real or personal property. People with bases, including those to be submitted to benefit through laws governing intestacy in the absence of a will or a beneficiary named in the will. On that basis, has an interest in contesting a child who is left out of a will and a friend who has been named in the will but has no rights under the intestacy laws.

Reasons for Challenging a Will

A family member or beneficiary wishing to contest probate the will to do it for a valid reason, such as:

  • Mental capacity : the person challenging the will can be argued that the person who made ​​the will did not have the mental capacity to understand what he was doing when the document was drafted. In other words, the person making the will was not right mentally competent. This is a strong argument because the requirement about the mental faculty is not very difficult to accomplish.
  • Fraud or Coercion : the person challenging the will can be argued that the person who did it was unduly coerced or pressured to make the provisions of the will.
  • Execution of the will : the person challenging the will can be argued that the will was not properly executed. For example, it can be argued that the will lacked the requirement for the number of witnesses and was not notarized.

If someone wants to contest the will on that basis, then you need to follow proper procedures before the probate court.

Procedures for Challenging a Will

If you have interest and a valid reason to contest a will, then you need to file the appropriate documents with the probate court in the jurisdiction where the will was filed for probate.

Different states have different systems about contesting wills. Often, there is very short time to do so because there is interest in establishing the estate quickly. The clerk in the probate court can tell you how long you have to file a lawsuit. It is important that you file a notice that is challenging the will as soon as possible so that the will can be probated, the property can be distributed and legal affairs of the deceased can be finalized.

It is often important to consult with an attorney in estate planning. The court may decide that the will is valid in the terms in which it is written, that the entire will is invalid or that only a portion thereof is invalid. A qualified attorney can help you navigate through the probate court system and reach a fair solution.

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