Estate Planning Attorneys Can Help Resolve Will Disputes
Dealing with the death of a loved one is difficult, and things can become even more complicated and stressful if there are disagreements over their will. Challenging a will, also known as a contested will, may delay the probate process, increase costs and strain family relationships. This article discusses common situations that lead to a contested will and how an estate planning attorney can help resolve the issue.
One of the most will dispute help reasons for a will dispute is allegations of undue influence or lack of capacity. This occurs when someone in a position of trust manipulates the testator into making decisions that are not in line with their wishes. This is especially true in situations where the testator was elderly or vulnerable.
Another reason for a will contest is an allegation that the will was not executed properly. For a will to be valid, it must adhere to strict legal requirements, such as being signed by two individuals who are not beneficiaries of the will. Moreover, the testator must have the mental capacity to understand the consequences of their actions when they sign the will.
If you believe that the will or an amendment to a will (called a codicil) is invalid, it is important to consult with an estate planning attorney who can explain your legal standing and gather initial evidence to support your claim. Successful challenges to a will typically hinge on compelling, legally admissible evidence such as documents, witness testimonies and expert opinions.
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