Affordable Attorney Now


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.

 

L

E

G

A

L

 

H

E

L

P

 

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  The will offered was revoked and replaced by another will.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.

 

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

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.