Contesting a will is something that many people don't think about regularly. It's hard to understand why someone would contest at will, especially if there are no obvious reasons. However, there are some cases where estranged spouses or adult children might be taken out of the will. At the point where the will would need to be put in place, after death, the estranged family members may contest the will.
Below, you'll find a recap of why a will might be contested and how to understand will contest, according to a previous blog post. See the full post here.
Will Contest | Wills Lawyer Cary NC
- A will is seen as the last voice of the deceased so the courts are usually strict in following them.
- About one percent of wills that go through the probate process are contested, and it is rare that they are voided entirely.
- In order to challenge the will, the person contesting it may need to prove the testator, or person who created the will, did not understand the consequences of what was outlined.
- It can include not realizing the extent and value of the property and who should be provided for in accordance to the will.
- The first and most understandable reason to deem a will invalid is proving that when it was written, the deceased was mentally incapacitated, either due to illness or old age.
- If he or she lacked the mental clarity to make logical and reasonable decisions, then the contents of the will may not reflect the true wishes of the deceased. In some cases, the person may have been under the influence of drugs or alcohol, which can also impair his or her judgment.
- In order to challenge the will, the person contesting it must prove the testator, or person who created the will, did not understand the consequences of what was outlined. It can include not realizing the extent and value of the property and who should be provided for in accordance to the will.
In our next blog post, we will continue our recap of will contest and how to better understand what it means, as well as why it might happen. Our wills lawyer in Cary NC is also available to answer questions if you'd like to contact our office.
Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our wills lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.
As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and DWI issues.