Understanding Will Contests

Initiating a Challenge to a Will’s Legality When someone contests a will, they are actively challenging its legal standing. Potential beneficiaries or those who feel entitled to the estate often initiate these contests. They may argue that the will does not accurately represent the deceased’s intentions due to undue influence, fraud, the creator’s lack of mental capacity, or incorrect procedures during its creation.

Probate Court’s Function in Will Contests

How Probate Courts Handle Disputes Over Wills A probate court takes a close look at the evidence the challengers present to verify the will’s legality.

The Impact of Invalidating a Will

What Happens When a Court Invalidates a Will If a probate court rules that a will is invalid, it may set aside the entire document or just specific parts. The estate would then pass to heirs based on the state’s laws for those who die without a will, or it might revert to a previous valid will.

Navigating the Complexities of Will Contests: A Guide by an Experienced Attorney

When a loved one passes away, their last will and testament is expected to be a clear declaration of their final wishes regarding the distribution of their estate. However, there are instances when the validity of a will is called into question, leading to what is known as a will contest. As an experienced attorney specializing in estate law, I offer guidance through the often-complex process of contesting a will.