Will Contests
Definition:
A will contest is a legal action that challenges the entrance of
a will to probate. A will is likely to be contested by those who insist that
a person was incapacitated at the time the will was drafted or that the will
maker was forced to implement the will. When will is contested, a court determines
the validity of the will. If someone files an objection, a will contest
takes place. Generally, people who have standing, or the
right to challenge the will, are spouses, children and those who have shares
in the estate.
Consequences of Will Contests:
Most of the will challenges are by potential heirs of beneficiaries who did not get much or sometimes nothing of the distribution. Typical objections are:
- The decedent lacked mental capacity when the will was drafted
- The will was not drawn properly, such as no witnesses were present
- There was fraud
- The will was forged
What a Lawyer can do for you:
If the possibility of a will contest arises, experienced wills and estate planning lawyers are the right people to see. Wills are important documents therefore having a lawyer to help you draft it is a good thing, even if you do not fear someone challenging it. Keeping the will clear will help you keep expenses down when it comes to probate and also minimize taxes. Lawyers work extra hard when you suspect challenges. They may even videotape the will's execution.Lawyer Referral Service:
If you believe that a will needs to be contested or the will executor is mishandling the will, you need a will contest lawyer to help you protect your rights. Attorney Search Network can find you the right will contest lawyer for you.
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