About Me

You Can't Afford to Handle a Divorce Without an Attorney

When my wife and I decided to divorce, we both made a pact to do it without attorneys. We still got along okay, surprisingly, so I thought we could negotiate with each other regarding our children's custody and division of our assets. She was negotiating with me in a way that did not sound like herself. To make a long story short, she was using an attorney secretly behind my back! She was trying to trick me into letting her have what she wanted without an attorney to advise me on what was really fair. I then hired my own attorney to keep her from getting everything. Unfortunately, we are no longer getting along anymore, but I am polite to her around the children. I created this blog to help other people going through divorces. Always hire an attorney to help you!

What You Should You Know About Contesting A Will In Probate Court

Posted on 31 July 2023

Contesting a will is the legal process of challenging the validity of a will. Those unhappy with the provisions of a last will and testament must show legal grounds to contest it. Read on to find out more about the grounds and what else to know before you take legal action.

Grounds for Contesting a Will

  • Lack of testamentary capacity: This means that the person who made the will did not have the mental capacity to understand what they were doing when they signed the will.
  • Undue influence: This means that someone else pressured or coerced the person who made the will into making the will in a way that they did not want to.
  • Forgery: This means that the will is not genuine and was not actually signed by the person who made it.
  • Fraud: This means that someone lied to the person who made the will to get them to make the will in a way that they did not want to.

What Else to Keep in Mind About Will Contests

  • The time limit for contesting a will varies from state to state. In most states, you have a certain number of years from the date of the person's death to file a challenge. If the will has cleared probate and the case is closed, you can still take action if your case meets the standards, however.
  • You don't necessarily need to show that you are a loved one or associate of the deceased to take legal action against the estate. 
  • You must find proof to back up your allegations. That might include witness testimony and more to show that the will is not valid. A probate lawyer can advise you about what types of proof are accepted by the probate court.
  • Probate law is extremely dependent on the laws of an individual state. The legal state of residence of the deceased is the governing body for will contests. 
  • Be aware of will provisions that prevent people from inheriting if they contest the will. These provisions are legal in several states.
  • You may want to hire an attorney to help you with your case. An attorney can help you understand the legal process and represent you in court.

Contesting a will can be a complex and challenging process. However, if you believe that the will is invalid, it is important to speak to a probate attorney to discuss your options. For more information, contact a probate attorney near you.


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