A will is the most important document that shows the partition of a particular person’s assets to the individuals that is based on his or her interest and also in a legally approved way. In general, descendents of the will are usually the spouse, to the children and then their descendents. But the person can even write a will to any person whom he or she likes the most, he can even write to the charity and not even a small amount to his or her family. This is the case, which may not be liked by the person’s legal heirs.
Thus, the problem arises and the contesting of wills takes place. The beneficiaries sometimes are not happy with the size of the share that is allotted to them. In other cases, some may not be listed out of the beneficiary list. In spite of whatever the reason is, most of the wills are contested in these days, particularly the ones that are large estates. This will contest is actually objecting the validity and depending on the contest, the testator can be blamed that lagging the capacity, or sometimes insane or may be due to the undue or unfair compulsion. There are some popular attorneys like Barr & Young specializes in initiating will and trust contests and also help you in protecting your family.
What all the valid objections are for will contest?
The will contest can be subject to objections only if it has any of the following reasons:
- If the person who is the testator has not signed the will, then the will contest is invalid. Similarly, even if it was created by the attorney the signature of the testator is important in order to do the will into a valid one.
- The state’s law number needs to be mentioned in the will, in addition to the person who has created the will and the attorney. Otherwise the will is not valid.
- If a third party has forced the testator to draft the will based on his interest, then it is considered to be invalid, the third party is often the child or spouse in many cases.
- If the testator is the person who is lacking the mental capacity to draft a will, then the will is considered to be the invalid one.
What are the procedures when the case is determined valid?
- The court may throw the entire will, the property could be distributed as if there is no will written or existed.
- In some cases, the court can even disallow the some part of the will and allow the other parts to get distributed.
- The court will take a decision depending on the individual state law, like the court can even take the previous will that has been drafted by the testator.
Simple ways of protecting the will:
It is better to consult with the knowledgeable attorney like Barr & Young specializes in initiating will and trust contests in order to get the perfect and the valid will so that there will not be any ambiguity while drafting. The other idea is that is including the concept of the non contest provision in your will so that will contest can be avoided.