An individual’s Last Will and Testimony may be the most essential legal document that he or she ever creates. It should be created after cautious reflection and factor to consider, while the person is of sound mind, and with the assistance of a knowledgeable estate planning attorney.
What if you believe that a loved one’s Last Will and Testimony was not produced under those conditions? What if something does not appear ideal about the file? You may be able to submit a Will contest.
Contesting a Last Will and Testament is not something that ought to be done gently. In a lot of states, simply being unhappy about the amount of loan or property you received in someone’s Will is not sufficient grounds to object to the Will. If, nevertheless, you feel that something is seriously wrong with the document, then a Will contest may be warranted.
State laws will differ; however, in many states to object to a will, you require to be either a recipient 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 adequate grounds to allege that the Will is invalid. Grounds such as error duress, excessive impact, absence of testamentary capacity, or outright fraud prevail grounds on which a Will may be objected to. Basically, you need to show that the Will itself is not legitimate, or legal, in order for a Will contest to be successful.
Once the Will contest has actually been submitted, the court will start the procedure of litigating the claim. A Will contest can take months, and 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 void, then it is as if the file never existed. If a previous Will lies, and discovered to be valid, then the estate will be dealt with according to the regards to that Will. If no Will lies, then the decedent’s estate will be managed according to the laws of intestate succession.