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The ins and outs of contesting a will

On Behalf of | Jun 30, 2016 | Probate And Estate |

When a loved one passes on, it’s only natural to have a lot on your mind. This is something nobody wants to experience, but most people are faced with the situation more than once.

At some point, a beneficiary of the deceased person’s will could contest its validity. This is not common, but it does happen from time to time.

There are two main reasons that a plaintiff may attempt to invalidate a will:

— Lack of capacity.

— A claim of undue influence.

A lack of testamentary capacity means that the person was mentally incompetent when he or she created the will.

A claim of undue influence means that a third party exerted influence over the deceased so he or she would make decisions that would benefit the third party.

When a will contest moves to the forefront, it’s safe to assume that things will get messy. Unfortunately, this often means that family members are fighting and nobody is getting along with each other. If you find yourself in this position, you need to understand your legal rights and what to expect from the process.

At our law firm, we understand that will contests can be extremely complicated. Taking this one step further, you are dealing with this at the same time you are grieving the death of a loved one.

If you need professional assistance, you have come to the right place. We can help you make informed decisions. Understanding how a will contest works is half the battle. To learn more, take a look at our webpages on the topic.