Remember Me
forgot your password?

Will Contesting

Will contests are typically brought on by family members from wealthy families who believe they were cheated out of their share of the inheritance of the assets involved. A legal battle may also erupt though when a family member believes the will was fraudulent or done under bad circumstances. For example, they may have had Alzheimer’s and were not in sound mind at the time the will was created.

To be specific, a will contest is a legal proceeding that challenges the validity of a will or its wording. To contest a will you need to make a case for one of the following in probate court; was the will maker mentally competent at the time they drafted or signed the will? Was the will maker pressured by someone to agree to the terms of the will? Does the will maker have another will or trust that would trump this one? Was the will properly witnessed or signed? Was the will maker tricked or fraudulently exploited? Did an outside party change the will? If you can answer yes to any of these questions then you have a legitimate reason to contest a will in probate court.

Probate court is a sanctioned legal process that tries to distribute the estate of those who've died. The probate process has several goals you should expect. One goal is to verify the validity of the deceased person's will. The second goal is to identity and create an inventory of the deceased person's estate. The third goal of probate court is to appraise the estate. The fourth goal is to get the deceased's remaining debts and taxes paid. The final goal is to distribute the deceased's property to the rightful owners. If the will is successfully contested and becomes void, or if there is no will at all, the deceased person's kin would get the estate distributed to them. In some state's kin include a surviving spouse.

The best way to avoid will contests is with careful planning and good drafting by the will maker. A good will maker will try to avoid using divisive measures such as disinheriting family members, or anything else that will cause conflicts or invite challenges. A good will maker will also never put assets they already pass using other means, such as trust funds, in the will. Another way to prevent will contests is by having a 'no contest clause'. This clause gives a gift, such as a certain amount of money, to some one and by accepting that gift they agree not to contest the will.

Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you’re seeking legal advice.

Nicholas Copernicus

'Will Contesting' has been brought to you by Legal Forms Bank .Biz were you can download your state's legal forms online. Now that you know how to make a solid uncontestable will, make your own last will and testament form, an attorney is not required.

Rate this Article: 0 / 5 stars - 0 vote(s)
Print Email Re-Publish


  • Latest National, State, Local Articles
  • More from Nicholas Copernicus

Minneapolis Court Records | Minneapolis Criminal Records

By: David Elliott | 25/11/2009
Minneapolis Court and Criminal Records are now available. If you want to find Minneapolis Court Records or Minneapolis Criminal Records, you need to read this article. Minneapolis Court Records | Minneapolis Criminal Records:

El Paso Court Records | El Paso Criminal Records

By: David Elliott | 25/11/2009
El Paso Court and Criminal Records are now available. If you want to find El Paso Court Records or El Paso Criminal Records, you need to read this article. El Paso Court Records | El Paso Criminal Records:

Phoenix Court Records | Phoenix Criminal Records

By: David Elliott | 25/11/2009
Phoenix Court and Criminal Records are now available. If you want to find Phoenix Court Records or Phoenix Criminal Records, you need to read this article. Phoenix Court Records | Phoenix Criminal Records:

Atlanta Court Records | Atlanta Criminal Records

By: David Elliott | 25/11/2009
Atlanta Court and Criminal Records are now available. If you want to find Atlanta Court Records or Atlanta Criminal Records, you need to read this article. Atlanta Court Records | Atlanta Criminal Records:

Orlando Court Records | Orlando Criminal Records

By: David Elliott | 25/11/2009
Orlando Court and Criminal Records are now available. If you want to find Orlando Court Records or Orlando Criminal Records, you need to read this article. Orlando Court Records | Orlando Criminal Records:

Austin Court Records | Austin Criminal Records

By: David Elliott | 25/11/2009
Austin Court and Criminal Records are now available. If you want to find Austin Court Records or Austin Criminal Records, you need to read this article. Austin Court Records | Austin Criminal Records:

Oakland Court Records | Oakland Criminal Records

By: David Elliott | 25/11/2009
Oakland Court and Criminal Records are now available. If you want to find Oakland Court Records or Oakland Criminal Records, you need to read this article. Oakland Court Records | Oakland Criminal Records:

Memphis Court Records | Memphis Criminal Records

By: David Elliott | 25/11/2009
Memphis Court and Criminal Records are now available. If you want to find Memphis Court Records or Memphis Criminal Records, you need to read this article. Memphis Court Records | Memphis Criminal Records:

How to Legally Change Your Name

By: Nicholas Copernicus | 15/11/2009 | Law
Changing your name is a simple legal procedure that doesn't require a lawyer. You can't just change your name though, you have to go through the appropriate legal procedure. If you feel uncomfortable handling your own paperwork you can hire a lawyer, but of course that would cost a lot more than handling the paperwork yourself.

How to Divorce Without a Lawyer

By: Nicholas Copernicus | 12/11/2009 | Law
In an uncontested divorce you can represent yourself. You don't have to rely on lawyers to resolve every issue. In an uncontested divorce you have full control over the divorce terms (who gets what).

Durable Power of Attorney Info

By: Nicholas Copernicus | 10/09/2008 | National, State, Local
The durable power of attorney (POA) is a legal form, which can be used by a competent adult to appoint another person to act as their agent to manage their financial affairs.

Will Contesting

By: Nicholas Copernicus | 05/09/2008 | National, State, Local
Will contests are typically brought on by family members from wealthy families who believe they were cheated out of their share of the inheritance of the assets involved.

Creating a Business Partnership Agreement Contract

By: Nicholas Copernicus | 27/08/2008 | National, State, Local
Verbal agreements tend to never work out. Putting the terms of the partnership in writing is the smartest thing you can do to protect your business.

What Can You Do With a Power of Attorney?

By: Nicholas Copernicus | 17/08/2008 | National, State, Local
A power of attorney form is a legal form that will allow someone to appoint another person to legally act on his or her behalf. The person who creates the POA (power of attorney) is called the principal and the person appointed to act on the principal’s behalf is called the agent.

What Exactly is a Promissory Note?

By: Nicholas Copernicus | 09/08/2008 | National, State, Local
A promissory note is a legal agreement that is a written promise to repay a debt. It will include how and when the debt will be repaid. It can be through a series of payments, upon demand, or another way both parties can agree upon.

What is a Personal Bankruptcy?

By: Nicholas Copernicus | 25/07/2008 | National, State, Local
A personal bankruptcy is a form that when filed will discharge obligations to creditors. Bankruptcy forms can be located online or an attorney can prepare one for you.

Submit Your Articles Free: Signup
Article Categories




Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.
Copyright © 2005-2008 Free Articles by ArticlesBase.com, All rights reserved. (0.56, 1, w2)