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What is Will contests?

Apr 19, 2023 | Firm News

Understanding a Will Contest

A will contest represents a legal challenge to a will’s validity. Such challenges are usually initiated by potential beneficiaries or individuals believing they deserved beneficiary status. Common triggers for will contests include beliefs that the will doesn’t reflect the deceased’s wishes due to undue influence, fraud, lack of testamentary capacity, or improper execution.

Probate Court Review in a Will Contest

In a will contest, the probate court scrutinizes the evidence provided by the disputing party to assess the will’s validity.

Implications of an Invalid Will

If the court deems the will invalid, it could nullify the entire will or specific provisions based on the circumstances. Consequently, the estate’s distribution would follow state intestacy laws or any prior valid will if one exists.