Last week, we talked about what you might do if a loved one dies without a will and how various factors could impact your actions. What if your loved one did leave a will, but you don’t think that will is valid? In such cases, you might have to legally contest the will in probate.
While there are many reasons someone might contest a will, some legal arguments for will invalidation are going to stand above others. Perhaps one of the easiest ways to argue that a will is not valid is to produce a valid will that was signed after the will that was originally presented. This means that the will you produce was created by the deceased person when they were of sound mind and that they signed it in the presence of witnesses in keeping with state laws.
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Another argument against a will’s validity could include the state of mind of the person at the time he or she signed the will. If you believe your loved one created a new will and signed it under duress, and you can prove this, then the will might be thrown out. The same is true if you believe the will was created when the person was not mentally capable of handling such matters for themselves.
Contesting a will isn’t always easy, and it can result in a legal battle among heirs. Before you step up to make accusations about fraud or will validity, consider seeking legal assistance. Our firms works with potential heirs to build a legal case for any will contest, reducing the back and forth in court as much as possible.
