An individual’s Last Will and Testament may be the most essential legal file that he or she ever develops. It ought to be developed after careful reflection and consideration, while the individual is of sound mind, and with the help of an experienced estate planning attorney.
What if you think that an enjoyed one’s Last Will and Testament was not produced under those conditions? What if something doesn’t seem right about the file? You might be able to submit a Will contest.
Contesting a Last Will and Testament is not something that ought to be done lightly. In a lot of states, just being unhappy about the amount of loan or property you got in somebody’s Will is not adequate premises to object to the Will. If, nevertheless, you feel that something is seriously wrong with the file, then a Will contest may be warranted.
State laws will vary; nevertheless, in the majority of states to contest a will, you require to be either a beneficiary under a prior Will or a beneficiary according to the laws of intestate succession in the state where the Will is being probated. You must also have enough grounds to allege that the Will is invalid. Premises such as error duress, undue impact, absence of testamentary capacity, or straight-out fraud are common premises on which a Will might be contested. Basically, you should show 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 submitted, the court will begin 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 slow down while the Will contest if litigated. If the Will is stated void, then it is as if the file never ever existed. If a previous Will is located, and found to be valid, then the estate will be dealt with 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.