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A will contest is a court proceeding in which a court is called upon to determine the validity of a will. The person challenging the validity of a will is often referred to as the "contestant." The person who is defending the will is called the "proponent."
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A person who has signed a will lacks the mental capacity necessary to create a valid will...
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Perhaps the most common grounds for challenging a will, “undue Influence” generally means that the person making the will was subjected to the improper influence of a third party...
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Each state has specific requirements that apply to the manner in which a will is prepared and signed...
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In all states, the person making a written will (the “Testator”) must sign it. If a will is prepared by an attorney but is never signed by the client, the unsigned will is invalid...
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In a will contest, the contestant offers proof or evidence that the will is invalid. Such proof is usually intended to demonstrate any one or more of the following:
- the will was not properly signed;
- the person making the will (the "testator") lacked the requisite testamentary capacity;
- the testator was subjected to undue influence in the making of the will;
- the testator was fraudulently induced into signing the will;
- there was a mistake in the will.
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If you believe you have been wrongfully deprived of all or a portion of your rightful inheritance, you must act immediately to protect your rights. Please click here if you would like us to review your situation.
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