A person’s Last Will and Testimony might be the most crucial legal file that she or he ever produces. As such, it ought to be developed after careful reflection and factor to consider, while the person is of sound mind, and with the help of a skilled estate planning attorney.
What if you think that a loved one’s Last Will and Testament was not created under those conditions? What if something does not seem ideal about the document? You might be able to submit a Will contest.
Contesting a Last Will and Testimony is not something that ought to be done lightly. In many states, simply being unhappy about the quantity of money or property you received in someone’s Will is not enough premises to contest the Will. If, nevertheless, you feel that something is seriously incorrect with the file, then a Will contest may be warranted.
State laws will differ; nevertheless, in the majority of states to contest a will, you require to be either a recipient under a prior Will or an heir according to the laws of intestate succession in the state where the Will is being probated. You must likewise have sufficient premises to allege that the Will is void. Premises such as mistake duress, unnecessary influence, lack of testamentary capacity, or outright scams are typical premises on which a Will may be contested. Essentially, you need to prove that the Will itself is not valid, or legal, in order for a Will contest to be successful.
Once the Will contest has actually been filed, the court will begin the process of prosecuting the claim. A Will contest can take months, or perhaps years, to prosecute. The probate of the decedent’s estate will slow down while the Will contest if litigated. If the Will is stated void, then it is as if the file never existed. If a previous Will is located, and discovered to be valid, then the estate will be handled according to the terms of that Will. If no Will lies, then the decedent’s estate will be handled according to the laws of intestate succession.