An individual’s Last Will and Testament might be the most crucial legal file that she or he ever develops. As such, it needs to be developed after careful reflection and consideration, while the individual 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 Testimony was not produced under those conditions? What if something doesn’t seem right about the document? You might have the ability to submit a Will contest.
Contesting a Last Will and Testament is not something that must be done gently. In the majority of states, merely being dissatisfied about the quantity of cash or property you received in somebody’s Will is not enough premises to object to the Will. If, however, you feel that something is seriously incorrect with the file, then a Will contest may be warranted.
State laws will differ; nevertheless, in a lot of states to contest a will, you need to be either a beneficiary under a prior Will or a successor according to the laws of intestate succession in the state where the Will is being probated. You must also have enough grounds to declare that the Will is invalid. Premises such as error pressure, unnecessary impact, lack of testamentary capacity, or straight-out fraud prevail premises on which a Will might be objected to. Basically, you should prove that the Will itself is not legitimate, or legal, in order for a Will contest to be successful.
Once the Will contest has been submitted, the court will begin the process of litigating the claim. A Will contest can take months, or even years, to litigate. The probate of the decedent’s estate will decrease 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 lies, and found to be valid, then the estate will be managed according to the regards to that Will. If no Will lies, then the decedent’s estate will be handled according to the laws of intestate succession.