A person’s Last Will and Testimony might be the most crucial legal file that she or he ever develops. As such, it needs to be produced after careful consideration and consideration, while the person is of sound mind, and with the support of a skilled estate planning lawyer.
What if you think that an enjoyed one’s Last Will and Testament was not created 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 Testimony is not something that must be done gently. In a lot of states, merely being dissatisfied about the amount of money or property you got in someone’s Will is not adequate 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 differ; however, in many states to contest a will, you require to be either a beneficiary under a previous Will or a beneficiary 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. Grounds such as error pressure, undue impact, absence of testamentary capacity, or outright fraud are typical premises on which a Will might be contested. Generally, you need to prove that the Will itself is not valid, or legal, in order for a Will contest to succeed.
Once the Will contest has been filed, the court will start the procedure of prosecuting the claim. A Will contest can take months, or even years, to prosecute. The probate of the decedent’s estate will slow down while the Will contest if litigated. 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 valid, then the estate will be dealt with according to the regards to that Will. If no Will is located, then the decedent’s estate will be handled according to the laws of intestate succession.