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Disclaimer...Legal
information is not legal advice. This site provides
general legal information, not the application of law to a
particular individual or situation. This site is is
not responsible for any errors or omissions. All
information in this site is provided "as is,"
with no guarantee of accuracy, timeliness, completeness or
of the results obtained from the use of this information.
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Contesting a Will
There are several grounds upon which to
contest or challenge a will. These include: The
will is a forgery. The person writing the will was
not of sound mind when he wrote it. Someone close to
the testator exercised undue influence over him when he
wrote the will. The will offered was revoked and
replaced by another will. The will was not signed or
witnessed as required. The will was handwritten
and
did not meet state requirements.
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If you are planning to contest the validity of a will, you
must do do so during probate and you must do so promptly,
or you will lose your right to challenge the
document. This is true in nearly all states.
Other than that, though, the procedure for contesting a
will varies greatly from state to state.
One way to prevent beneficiaries from challenging a
will is if the testator inserts a clause stating that if
anyone challenges the will, that person will forfeit
whatever it is he is inheriting. Sometimes, though,
if a beneficiary challenges the will anyway and is
successful, the clause is then not enforced.
You will want to consult with an attorney to make sure
your rights are protected and that you follow the
necessary guidelines for contesting the will.
Home |
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Disclaimer...Legal
information is not legal advice. This site
provides
general legal information, not the application of law to a
particular individual or situation. This site is is
not responsible for any errors or omissions. All
information in this site is provided "as is,"
with no guarantee of accuracy, timeliness, completeness or
of the results obtained from the use of this information.
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