Posted On: January 20th 2017
You probably had an excellent relationship with your father, and you expected to be left a large inheritance in his will when he passed away. When he does, you find that he actually left everything to a friend of his instead. Of course you may feel wronged and you consider contesting the will. Only certain people have the right to contest a will. You can’t do so only if you feel it was unfair or believe you were left out. Proper evidence of the will being incorrect must be provided if you plan to contest a will. Below are 4 ways in which a will can be contested.
If you believe your loved one did not have the mental ability to write a will, you may contest it. Providing a statement from a psychiatrist would be sufficient proof for your argument. Any other medical records indicating the departed’s incapacity would help your case as well.
It is not uncommon for people to be influenced to exclude certain people from their will. If you believe that you were left out of the will because your loved one’s spouse, child, or family member urged them to do so, you may have a case. Proof would be required from both parties that undue influence was committed.
The argument that your loved one was fraudulently induced into signing his or her will is another way of contesting a will. A will can be considered fraudulent if the person who signed it did not know it was a will. It could also happen if someone gave your loved one misinformation that caused him or her to change the distribution in the will.
A will may be invalid if it was not executed properly. Laws regarding wills differ from state to state. Usually, the signing of the will must be witnessed by independent witnesses. If the document was not witnessed properly, it may be invalid.
Contact your attorney immediately if you feel the need to contest a will. You will need to file a claim with the courts as soon as possible. If you are an interested party, you should receive notice from the court that the will is being probated. If you have any further questions about how to contest a will, please contact us for a consultation.