The passing of a loved one is an emotional and difficult time. Estate Litigation & Will contests can occur for a variety of reasons. Having an experienced litigation attorney will protect your inheritance and provide guidance throughout this difficult process.
What are some of the reasons to contest a will?
A few reasons a will may be contested are for improper execution, lack of testamentary capacity, and undue influence.
What is the improper execution a will?
Each will must be signed at the end of the document by the testator, witnessed by two individuals, be in writing, and published by the testator. If any of these elements are lacking the will may not have been executed according to statutory formality.
What is Testamentary Capacity?
A testator must be over the age of 18 and of sound mind so that without prompting the testator knows the extent of their estate and knows the natural objects of their bounty. Without testamentary capacity the will is invalid.
What is Undue Influence?
Undue influence is unfair psychological persuasion used on the testator to be named as a beneficiary in the testators will.
We will provide guidance through estate litigation and when necessary fiercely litigate your claim. Contact us with any questions.