Not everyone who has to do with the testator is allowed to contest his will. In fact, only a person who has what is called “standing” can contest a will. A person who has the right to contest a will is a person who is named in the documentation of the will and is therefore a beneficiary. Challenging a will often leads to a legal dispute. Here are some of the most common examples of a will contest: A will is a legal document that a person creates to clarify how they want their assets to be distributed after their death. This property can be real estate or personal property. In most states, a will must contain each of the following elements to be valid and legally enforceable: If you are considering contesting a will or if you are the executor of an estate, contact Robert W`s offices. York speaks today with a probate lawyer who has the experience to thoroughly assess your position, as well as the stature and reputation of the courtroom in order to effectively plead on your behalf. Improper execution of a will: To be valid, a will must be attested and signed by two competent witnesses. Witnesses must see the testator sign the will. Preferably, a notary should also be present at the signing of the will. If a witness is the beneficiary of the will, or if the required witness has not respected the actual signature of the will, the validity of the will may be called into question. There are many other circumstances in which the validity of a will can be challenged on the basis of the strict formalities provided for by Georgian law for the legal execution of a will.
A non-contestation or opposition to the dispute clause may be included in a will. It states that any beneficiary who attempts to challenge the terms of the will automatically loses any right they may have to an inheritance under the will. However, these may be exceptions to this rule, depending on the particular circumstances that lead a beneficiary to contest the will despite a non-cancellation clause. An example of this would be if the beneficiary believed that the testator was under duress when drafting his will. Florida and Indiana do not allow anti-contest clauses, while the rest of the United States recognizes or authorizes them, subject to local state restrictions and regulations. There are several arguments or legal reasons that allow a person to challenge a will. These, too, may vary from state to state. In general, these arguments or reasons include: For these reasons, it is important to hire an experienced testamentary lawyer. Will competitions and testamentary challenges are not an area of law in which a lawyer should work part-time. Pennsylvania Will Contest`s lawyers should focus on testamentary disputes, not business or marriage law. If there is a contested will, make sure your rights and interests are fully protected. They need help to ensure that the estate has been distributed appropriately and that the will accurately reflects the true wishes of the deceased.
Undue influence: There are unfortunate situations in which a child or friend of the deceased takes advantage of a testator and forces him to execute a will that gives him rights or control under the will. If the will is made under the undue influence of another, the validity of the will may be challenged. Atlanta Probate and Estate Litigation Lawyers at Libby Law Firm represent beneficiaries, heirs, executors, administrators and personal representatives in disputed litigation and wills. Many lawyers write wills. Many lawyers write wills. Nevertheless, most estate planning lawyers never engage in litigation of any kind. Estate is a simple term for a sometimes lengthy, complex and costly process in which the probate court determines the validity of wills, trusts and other instruments and oversees the distribution of assets in the deceased`s estate. It also provides a forum for will legal disputes, trust disputes, and probate disputes.
Challenging a will usually begins with filing a lawsuit with the probate court. This could involve filing various documents that highlight your reasons for contesting the will. It is important that you provide the exact reasons for contesting the will. For example, you believe that there was fraud in the preparation of the will. There may be filing deadlines associated with contesting a will. It may be beneficial to hire a lawyer to help you with this process. Whatever the form, you need a lawyer who is a probate litigator who knows the law and is willing to fight to protect your inheritance. We pride ourselves on communicating with clients and developing a plan. Sometimes that means fighting in court. Sometimes it is enough for the other party to know that you have asked us to protect your interests.
Existence of a subsequent will: In general, it is assumed that a will validly executed later revokes an earlier will. The most common dispute over the validity of a will concerns claims for undue influence, inability to pay, fraud, improper execution or the existence of a will executed at a later date. Our law firm conducts disputes in which the validity of a will or the provisions of a will are contested. Our knowledgeable attorneys at Georgia Will Contest have handled a variety of probate disputes related to the validity of wills and estate administration, including: Resolving probate disputes through mediation or family compromise agreements is preferable to contentious litigation in terms of financial and emotional costs. If possible, we try to find a peaceful solution to testamentary and other probate disputes. Often we are able to resolve cases without family members ever coming to Georgia, but there are situations where a probate court in Georgia may require the presence of the executor to open probate, or where family members or administrators testify when the case is in dispute. Our lawyers will do their best to eliminate the need for multiple trips or extended stays in Georgia by resolving the rest of the issues associated with the case. If there is a prior testamentary document, it could complicate matters and create confusion about the testator`s real intentions and desires. Courts may need to review other legal documents to determine which will is actually valid and what the testator`s intentions were. Pennsylvania Will Contest`s lawyers are defending their rights. When your parents died, did you discover that any belongings had mysteriously disappeared? Maybe someone with a power of attorney moved assets, made donations, or added a beneficiary designation to a bank account? While your parents were sick, did they make an unexpected change to their will? Perhaps the will was signed shortly before the death to favour a child or caregiver differently from previous wills? We recently turned to Peter`s company to update our wills and trusts. We found that he and his staff are knowledgeable, professional and very efficient.
And just as valuable is that Peter explains the law in terms that a layman can easily understand. In addition, a person who would lose his or her inheritance under the will if the will were declared invalid might have the right to challenge the will. States may have their own individual laws regarding legal status, as well as wills and estates, so it`s important to contact a local attorney before attempting to establish standing to sue and challenge a will. We can help you resolve disputes between the executor of an estate and potential beneficiaries. If you are responsible for the execution of a will and someone disputes the validity of that will, you must call us. If you are the executor or beneficiary of a will that is the subject of a dispute, or if you want to challenge a will that you consider invalid, you should consult an experienced estate lawyer. In general, a person will most often challenge a will if they feel they are being deceived by what the testator intended for them, such as .B their legitimate inheritance. Thus, this person will believe that the distribution is unfair or does not correspond to the real wishes and intentions of the deceased. Wills are often challenged when a will is poorly written. Therefore, most contests of will can be avoided by a properly written will that uses plain language and is as specific as possible.
Avoiding vague language is one of the best ways to avoid a subsequent challenge to wills. Also, if you make a will and your desires change over the course of your life, you may want to consider changing your will to reflect your new desires regarding the distribution of property. Our goal is to ensure that heirs and beneficiaries receive what they are entitled to under the law, whether through a will, inheritance or beneficiary designation. Multi-Million Dollar Lawyers Forum, The Best Litigation Lawyers in America™ The goal of The Libby Law Firm`s lawyers is to work with our clients to develop an effective litigation strategy – taking into account the client`s specific needs and helping them assess the risks associated with litigation as well as the benefits. Our Atlanta law firm has represented clients across the United States in probate and estate disputes, as well as in the administration of their dependents` wills or trusts. We have represented non-residents who are executors, children, spouses and other claimants in a variety of contested trust and estate matters relating to: No Testamentary Capacity Claims: Sometimes the testator or “testator” did not have the testamentary capacity to execute a valid will. For example, if there was evidence of mental illness, Alzheimer`s disease, dementia or impairment related to alcohol or drugs at the time of application, the will may not be valid. In general, the law requires the testator to use “common sense,” as evidenced by the testator`s ability to (1) understand the nature and scope of his or her property, (2) know who would naturally benefit from the will, and (3) recognize that the will he or she executes controls the final disposition of his or her property….