Family members challenge wills if they feel cheated out of their inheritance. A legal battle may erupt if they feel that they have something of worth to gain from the will. The wealthy, in particular, are prone to these legal disputes due to the amount of assets involved.
To challenge a will, you must have standing in the probate court. A person has standing to challenge a will if:
People in the latter group are usually spouses and/or immediate family relations by blood.
Unless they are specifically named in the will or are legally recognized children of the decedent, the following may not challenge a will:
A person is typically identified as the child of another person either through a birth certificate or adoption papers. There are other legal procedures that can create an official parent-child relationship, but those procedures will vary from state to state.
Before a will can be contested, a legal basis must be shown for this challenge. This can be shown by one of many different ways including the will:
After a successful challenge, the entire will or part of it will be voided, or a prior will might be reinstated. If the entire will is voided, and if there was no prior will, the decedent's assets are distributed as if there were no will. See intestacy.
Many will contests can be avoided through good drafting and planning by the will maker and his lawyer. Using other means, such as trusts, to give away assets will help decrease the amount of assets written into wills. The following are a few guidelines that can help avoid potential will contests:
Courts will try their best to interpret a will and carry out the decedent’s wishes. Public policy and state law will still govern the document. Wills that violate public policy or state laws may be invalidated.
If someone challenges a will, evidence of the decedent’s intentions becomes extremely important. The court can use the following as evidence:
Any letters or written testimonies explaining why someone was left out of a will are also important. If the reason for excluding someone from a will is conditional, then an attorney may be able to argue that the condition was never met.
Yes. An experienced estate attorney can help if you believe you have been wrongfully deprived of an inheritance. An attorney can also help you if you believe the decedent was incompetent at the time, or unduly influenced by another person.
Last Modified: 01-11-2018 07:22 PM PSTLaw Library Disclaimer
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