What to Expect When a Will is Contested
If you are worried that a will might be contested, then you are probably wondering what will happen next. It can be a confusing and stressful process but understanding the process of contesting a will can help give you some much-needed peace of mind. This blog post explains the basics of what to expect when it comes to contested wills.
What Is Involved With Contesting a Will?
Contesting a will is the legal process by which someone challenges the validity of an existing will. A person who contests a will is typically someone who stands to lose something from its provisions, like an inheritance or financial support. The person contesting the will can be any individual with standing in the case. This includes people related to the deceased by blood or marriage, creditors, and other people named in the document. This person has to prove to the court that there was something wrong with how the will was written or executed, such as fraud, undue influence, lack of mental capacity on behalf of the testator (the person creating the will), or improper execution of documents.
What Is the Process of Contesting a Will?
When someone contests a will, they usually file their petition in probate court and serve it to everyone affected by it. This includes all heirs listed in both versions of the document and anyone named as an executor or trustee. Once all parties have been served notice, they can respond with their own objections or evidence disproving any claims made against them. Once all responses have been received, the parties contesting the will attend hearings at court where they present their respective arguments before a judge judges whether or not to uphold certain provisions of either version of the document.
What Are the Possible Outcomes?
The outcome of any case like this depends largely on who has presented more compelling evidence during these hearings and if any fraudulent activity can be proven. Suppose it's found that fraud was committed on behalf of one side or another (like falsifying information about assets or heirs). In that case, that version of the document could be thrown out entirely and replaced with another valid version created prior to death by whoever was found guilty. Otherwise, if no fraud is found, the will is deemed valid and will be executed.
Conclusion
Contesting a will can be both complex and emotional for those involved, but understanding what happens every step along the way can help make things easier for everyone involved. Whether you are contesting or defending against someone else's challenge, having an attorney by your side throughout this process is invaluable. Reach out to a local law firm today.
