When and Why You Might Need to Contest a Will

Contesting a will is a legal process that involves challenging the validity of a deceased person's will. This can be a complex and emotional undertaking, but there are certain circumstances where contesting a will may be necessary.

Circumstances Under Which a Will Might Be Contested:

• Undue Influence: If there is evidence that the deceased was coerced or manipulated into creating or changing their will.

• Lack of Capacity: If it can be shown that the deceased did not have the mental capacity to understand the consequences of their actions when creating the will.

• Forgery: If there are suspicions that the will was not signed or executed by the deceased.

• Improper Execution: If the will does not meet the legal requirements for validity, such as proper witnessing.

• Revocation: If a more recent will exists that supersedes the one being contested.

Legal Grounds for Contesting a Will:

• Proving one of the circumstances mentioned above.

• Demonstrating that the will is ambiguous or unclear.

• Showcasing that the will was not properly executed according to state laws.

Potential Outcomes of Contesting a Will:

• If the will is successfully contested, the court may declare it invalid.

• The court may revert to a previous will if one exists, or distribute the estate according to state intestacy laws if there is no valid will.

• Contesting a will can lead to lengthy legal battles and strained family relationships.

If you find yourself in a situation where you believe a will should be contested, it is crucial to seek legal advice from professionals experienced in estate law. The Daffner Law Firm, LLC is happy to help navigate you through the complexities of contesting a will and ensuring your rights are protected.