Understanding Will Contests

A will contest is a legal challenge to the validity of a will. The person contesting the will, known as the contestant, typically believes that they have been unfairly excluded or not adequately provided for in the will. It’s crucial to understand that contesting a will is not a simple process and should only be pursued if there is a valid reason to believe the will does not accurately represent the testator’s wishes.

Grounds for Contesting a Will

Lack of Testamentary Capacity

If the testator (the person who created the will) was not mentally capable of understanding the nature and consequences of their actions when signing the will, it could be deemed invalid. This ground for contest is known as lack of testamentary capacity.

Undue Influence

When a person is coerced, manipulated, or otherwise pressured into making a will that benefits someone else, it can be contested on the grounds of undue influence. This typically involves a beneficiary exerting control over the testator to unfairly influence the distribution of their assets.

Fraud

Fraudulent activity, such as forging the testator’s signature, intentionally misrepresenting the contents of the will, or tricking the testator into signing a will they didn’t understand, can also be grounds for contesting a will.

Improper Execution

If the will was not executed according to the legal requirements, it could be deemed invalid. These requirements vary by state but generally involve the testator’s signature, witnesses, and a notary public.

How a Child Can Contest a Will

To contest a will, the child must have legal standing, meaning they would have been a beneficiary under a previous will or, in the absence of a will, under state intestacy laws. The child must then file a petition with the probate court and provide evidence to support their claim. This process can be complex and time-consuming, so it’s essential to consult an experienced trust and probate litigation attorney for guidance.

Hess-Verdon & Associates: Your Trust and Probate Litigation Experts

At Hess-Verdon & Associates, we have over three decades of experience in estate planning, business, and commercial litigation. Our unparalleled estate planning expertise, dependability, and sophistication in trust and probate litigation make us the go-to legal counsel for trustees, beneficiaries, business entities, and real estate partners. We are committed to delivering comprehensive, results-oriented legal counsel, and our extensive background in trial preparation, strategy, and presentation ensures that our clients receive the best possible representation.

If you are a child who has been excluded from a will and believe you have valid grounds to contest it, don’t hesitate to contact Hess-Verdon & Associates for a consultation. Our team of dedicated professionals is here to guide you through the complex process of contesting a will, ensuring that your rights and interests are protected. Give us a call today at 1-888-318-4430 to discuss your case.

Conclusion

In summary, a child can contest a will if excluded, but only under specific circumstances and with valid legal grounds. The process of contesting a will can be complicated, which is why it’s crucial to seek the assistance of a skilled trust and probate litigation attorney like Hess-Verdon & Associates. With our unparalleled expertise, dependability, and experience, we can provide the guidance and support you need to navigate the legal complexities of contesting a will.

FAQs

Can a child contest a will if they were not mentioned in it?

 Yes, a child who has been excluded or not mentioned in the will can contest it if they have legal standing and valid grounds for contesting.

How long does a child have to contest a will?

 The time limit for contesting a will varies by state, but it’s generally a short window of time, often between a few months to a year from the date the will was admitted to probate. It’s essential to consult a trust and probate litigation attorney to determine the specific deadline in your jurisdiction.

What is the cost of contesting a will?

 The cost of contesting a will depends on various factors, such as the complexity of the case, the attorney’s fees, and the duration of the legal process. It’s important to discuss the potential costs with your attorney before proceeding.

Can a will be contested after probate has been granted?

 Yes, a will can be contested after probate has been granted in certain circumstances, such as when new evidence is discovered or when fraud is suspected. However, the process can be more complicated, and it’s crucial to consult a trust and probate litigation attorney for guidance.

What happens if a will contest is successful?

 If a will contest is successful, the court may declare the entire will or specific provisions of the will invalid. In such cases, the assets may be distributed according to a previous will or, in the absence of a valid will, according to state intestacy laws.