Why You Should Hire An Attorney to Contest A Will
Contesting a
People often want to contest a will for many different reasons. They may not believe the final wishes of their friend or family member were represented in the will and more. Contesting a will can be a challenging experience. It can be costly in terms of money and time. This is a situation that requires the help of an experienced contested wills attorney to obtain the best possible result.
Standing
A contested wills attorney will know how to help a person determine if they have standing. Only a person with legal standing can contest a will. This is a person or entity who is personally impacted by the outcome of the case. Those with standing may be an intestate heir or a beneficiary named in another will created by the decedent. If it is an entity contesting the will, it must have been named a fiduciary or beneficiary in another will created by the decedent.
Grounds
If a person or entity has standing to contest a will, they must also have to have sufficient grounds for contesting it. A contested wills attorney can help determine if a case meets the four grounds required for contesting a will:
- The will was procured by fraud
- The will was not correctly signed following all proper legal formalities
- There was undue influence involved with the decedent making the will
- The decedent did not possess the mental capacity to create a will
Timely Manner
If a person or entity has standing as well as grounds, they must also file their lawsuit in a timely manner. A contested wills attorney will know the laws of the state where the decedent resided at the time of their death. These laws will determine the time limit associated with filing the contest of a will. A limited amount of time is available to file. This is done so the transfer of property, as well as final expenses of the beneficiaries, can be quickly performed. Should a person wait too long to file a will contest, they may be prevented from filing one.
Successfully Contesting A Will
It is never an easy task to invalidate a will. The reasoning is that if someone took the time to make a will, it is then considered valid. Even with this presumption, there are fact patterns that can cause a will to be successfully contested. The will could have been a do-it-yourself project. In this case, some of the legal requirements to make a will valid may have been ignored. At the time of the will, if the Testator is isolated from their family and friends, there could be a reason to challenge their will. This is especially true if, at the time of the will, a Testator is kept from family and friends by the primary beneficiary. This could be a situation involving undue influence. In some cases, a Testator's mental capacity has been successfully questioned. This could involve providing medical or other evidence showing the Testator didn't have the mental capacity to create a will.
Will Voided
When a challenge to a will is successful, the will can be voided in part or in its entirety. It is possible a provision from a decedent's previous will may be reinstated in the current one. Should a decedent's will be entirely voided, a court could choose to distribute the estate's property. This is done as if a decedent's estate never had a will. When this happens, the distribution will follow intestacy laws. It will be guided by familial relationships.
When someone believes they are in a situation where they can challenge a will, they should contact a contested wills attorney. These legal professionals will be able to determine the likelihood of a will contest succeeding. A contested wills attorney can provide essential legal advice and help their client during the entire process.
About Author:
Chris Mcdonald has been the lead news writer at complete connection. His passion for helping people in all aspects of online marketing flows through in the expert industry coverage he provides. Chris is also an author of tech blog Area19delegate. He also accept write for us digital marketing articles on his website.