An individual’s Last Will and Testimony might be the most essential legal file that he or she ever produces. As such, it ought to be developed after careful reflection and factor to consider, while the individual is of sound mind, and with the assistance of a knowledgeable estate planning lawyer.
What if you believe that a liked one’s Last Will and Testimony was not produced under those conditions? What if something does not seem right about the document? You may be able to file a Will contest.
Contesting a Last Will and Testament is not something that ought to be done gently. In a lot of states, simply being dissatisfied about the amount of loan or property you got in somebody’s Will is not sufficient grounds to contest the Will. If, nevertheless, you feel that something is seriously wrong with the file, then a Will contest might be warranted.
State laws will vary; however, in most states to object to a will, you need to be either a beneficiary under a previous Will or a successor according to the laws of intestate succession in the state where the Will is being probated. You must also have adequate premises to declare that the Will is void. Grounds such as error pressure, undue influence, absence of testamentary capability, or outright scams are common grounds on which a Will may be contested. Generally, you need to show that the Will itself is not valid, or legal, in order for a Will contest to be successful.
Once the Will contest has been submitted, the court will start the process of litigating the claim. A Will contest can take months, or perhaps years, to prosecute. The probate of the decedent’s estate will decrease while the Will contest if prosecuted. If the Will is stated invalid, then it is as if the file never existed. If a previous Will is located, and found to be legitimate, then the estate will be managed according to the regards to that Will. If no Will lies, then the decedent’s estate will be handled according to the laws of intestate succession.