Are you considering contesting a loved one's will? It's important to understand that challenging a will isn't a simple matter, and it can be a complex and expensive legal process. In most states, there are four primary legal reasons for contesting a will, and proving any one of them can be challenging. Let's delve into these reasons and what they entail.
Every state has specific laws regarding how a will must be signed. The testator and witnesses must typically be present together, and each must sign the will while the others are witnessing. Even if a will is drafted by an estate lawyer, it's not guaranteed to meet these requirements. Failure to adhere to signing laws is a common reason for contesting a will and often leads to its invalidation.
Testamentary capacity refers to the testator's ability to understand the nature and value of their assets and who should inherit them. State laws set the threshold for proving lack of testamentary capacity, which isn't always high. Even individuals with some signs of dementia may still be considered to have testamentary capacity. Proving lack of capacity usually requires strong evidence, such as testimony from witnesses.
As individuals age, they may become more susceptible to undue influence from others. Undue influence occurs when someone exerts extreme pressure on the testator, causing them to succumb to the influencer's will rather than making their own decisions freely. Proving undue influence can be challenging and typically requires evidence such as consultations with the testator's attorney, financial transactions, and isolation from family and friends.
A will procured by fraud occurs when the testator is misled into signing a document under false pretenses. For example, they may be told they're signing a deed or power of attorney when, in fact, it's a will. Proving fraudulent procurement requires examining the circumstances surrounding the signing and obtaining testimony from witnesses. However, this can be difficult if the testator is unavailable to provide their account.
Contesting a will should not be taken lightly. Without substantial evidence of one of these four reasons, it can be challenging and costly. Blatant lies, multiple instances of wrongdoing, or explicit medical evidence of incompetence can strengthen a case for contesting a will. However, in the absence of such evidence, it's essential to weigh the potential costs and complexities involved in pursuing a will contest.
If you're considering contesting a loved one's will, it's advisable to seek guidance from a qualified estate planning attorney, someone who is board-certified. They can assess your case, provide legal advice, and guide you through the process, helping you make informed decisions regarding your next steps. Remember, contesting a will is a serious matter, and understanding the legal grounds and potential challenges involved is crucial before proceeding. Contact me to find out more.
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