For the most part, a will is put through the probate process without any issues. But, if youre thinking about contesting a will, you should first consider the following items and consult with a probate attorney.
1. See if There is a No Contest Clause This provision will disinherit beneficiaries if they attempt to challenge a Will. Make sure you check on this item first and determine if contesting the will is worth the risk.
2. Do You Have Standing to Challenge the Will Those who are specifically named in the will, were named in a previous will or those who would have received a share of the estate under intestacy laws are the only people who can challenge a will. Intestacy laws determine how an estate is divided when someone dies without a will.
3. Do You Have a Valid Legal Reason for Contesting the Will Some valid legal reasons include lack of capacity, duress, fraud and undue influence. A will can be voided if it was made under undue influence, fraud or mistake.
Moral of the story: Make sure you have all of the facts and speak with a probate attorney prior to contesting a will.
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