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Contesting a Will
Contesting a will is the process in which one party raises a formal objection against the validity of the will in a court of law, based on the argument that the will does not reflect the true intent of the testator (the individual who created the will). In order to prove the document is invalid in a court of law, several parameters must be met – parameters that can change depending on the laws of your jurisdiction. The laws for contesting a will are complicated, and in order to challenge the validity of a will you must find proof of improper execution, fraud, undue influence, or evidence that the person was mentally incompetent at the time of the signing. In order to ensure these factors hold up in a court of law, it is important to find an attorney who is experienced in contesting a will and who understands the probate laws in your area.
Should I Hire an Attorney to Help Me Contest a Will?
A will can be challenged for many reasons, and each state has different probate laws to determine whether claims for contesting a will are valid. An experienced will contest attorney can help you determine if any of the following conditions have been met:
- Lack of Capacity – Must prove that the person did not understand what they were signing.
- Undue Influence –The person did not make decisions regarding the will on their own without influence.
- Fraud, Mistake or Other Factors – Such as pages being inserted after signing or that the signature was forged or not witnessed properly.
The basis for contesting a will depends on the state law where the court is located. Since each state's law can differ greatly, it is very important that you speak to an attorney before you contest a will. Search for a local will contest attorney today.