Why Do People Contest Wills?
In some cases, a will's legal validity will be contested. This challenge may be issued by a person who could stand to receive property from the deceased. Wills can be contested on many grounds and for many reasons. This can be done by filing a motion in court.
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Contestation Process
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After a person dies, a will must be first examined and approved by a probate court before the estate can be portioned out. If someone is dissatisfied with a will, either because he believes that the will was improperly formulated or administered or because he is is dissatisfied with its disbursement of the deceased's assets, he can contest it by petitioning the probate court to alter or set aside the will. The judge will then hear the contest and render a decision.
Standing
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Only people with legal standing are allowed to context wills. This means that the person stands to be directly affected by how the will is administered. For example, if a close relative is not included in the will, she would likely be deemed to have standing, as, without the will, she might otherwise receive property. By contrast, a stranger to the deceased would not have standing.
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Grounds
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When a person contests a will, he must have legal grounds to do so. This means that he must present a valid legal reason that the will, in its present form, is not legal. According to Lawyers.com, there are a number of reasons that a will can be invalid, including if the will is fraudulent, if undue influence was exercised on the deceased, if the deceased made a mistake in writing the will or if the deceased was not of sound mind when signing the document.
Motives
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Although a person might contest a will because she wants to see the wishes of the deceased carried out or because she wants justice to be served, people may contest wills for far more selfish reasons, such as greed. If a person believes that she is receiving too little in the will or another person is receiving too much, she may contest the will, citing other legal grounds for the contest.
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