Find Answers to Your Last Will and Testament FAQs

When it comes to a loved one’s last will and testament, things can get complicated quickly. Without proper documentation—or without any documentation at all—litigation can go on for months or even years in some extreme cases. If things are not crystal clear, it’s not uncommon for someone to contest the will of a decedent.

Keep reading for more information on will contests, as well as answers to some last will and testament FAQs. 

Last Will and Testament FAQs: Things You Should Know

There are lots of rules and legal regulations surrounding wills and trusts—and for good reason! But that means figuring out what to do (and when) can be tricky. It’s always best to consult with a legal professional when dealing with other people’s wills (or your own); however, here are a few FAQs to get you started. 

What Is a Will Contest?

Simply put, a will contest is a formal objection to the will or how it’s being carried out. Typically, someone will make an objection if they believe that the will doesn’t accurately reflect the wishes of the deceased, or if they believe the will is invalid in some way. 

Some examples include:

  • Undue influence;

  • Fraud;

  • Mistakes;

  • Duress;

  • Lack of proper execution formalities;

  • Lack of testamentary capacity;

  • Revocation.

Who Can Contest a Will?

The key word in the above definition is “formal.” Not just anyone can contest someone’s will—only interested parties. For example, if you don’t believe the will distributes the deceased’s  assets the way they wanted, you could contest the will. 

How Does One Start a Will Contest?

If you’ve read the above FAQs and are confident that a will contest is the right move, it’s time to talk to a lawyer. They’ll be able to not only advise you on how to move forward, but also help you every step of the way to make sure you get your desired outcome. 

Need Professional Legal Help? 

Contesting a will isn’t easy. Not only is it complicated and difficult: There’s an emotional burden that comes with it as well. The best thing you can do in this situation is hand it to a professional. Kristin Waters Sullivan specializes in estate law and is ready to fight for you. 

She understands the ins and outs of wills and trusts, and will figure out the best path for you to take to reach the ideal outcome. You’ll know you’re in good hands. Get in touch with Kristin today to set up a consultation. 

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What’s Required to Contest a Trust?

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How to Safeguard Your Inheritance From Estate Hijacking