Will Contests

A Will is not always the last word. Even the most carefully planned Will can be disputed. Sometimes, these disputes can be resolved by carefully working out an agreement between the heirs. Other times, the case may require a trip to the court room.

When there is a Will contest, you need to contact us to make sure that your rights and interests are fully protected. You’ll need help making sure that the estate was appropriately distributed and that the Will accurately reflects the true wishes of the decedent.

There are numerous grounds for challenging the validity of a Will or trust. Traditionally, they are:

  • Undue influence - The Will was made under force or duress
  • Testamentary capacity - The testator was incompetent to make a valid Will
  • Improper execution - The Will lacked legal formalities such as publication and appropriate execution
  • Fraud - The Will was a result of fraud of undue influence

Additionally, there are other grounds based upon statutes, including when the Will:

  • Was dated before the divorce, but leaves property to the former spouse
  • Dated before the present marriage, but fails to provide for present spouse
  • Fails to provide for one or more after-born children
  • Fails to make provision for the children of a prior marriage
  • Specifically disinherits the present spouse, but the spouse is still entitled to a widow’s allowances and elective share of the estate

We can help you resolve disputes between the executor of an estate and the potential beneficiaries. If you are in charge of executing a Will and someone contests the validity of that Will, you need to call us. Or, if you’re not comfortable with how the executor is handling a Will in which you are a beneficiary, you also need to call us.

We are dedicated to establishing and honoring the true intentions of the decedent and will work with you and your family to resolve Will contests involving personal property, bank accounts, and real estate.

Call us today at 860-259-1575.

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