Occasionally when a person passes away and leaves a will, controversy arises over whether the will should be probated. Family members may find themselves being pitted against one another in the event the wishes described in a testator’s will are questioned. Sometimes there are valid reasons to do that, while no one really wants to find himself in the place of fighting a will.
Who Will Contest a Will?
Submitting a reason for contesting a will, is important to first understand whether you’re still permitted fight. You need to have some stake in the results of the will, to be eligible. Although you are a beneficiary but feel that you simply need to happen to be given a greater share, or maybe you were left out of the will wholly but believe you would have already been contained under intestacy laws or are entitled to be included. You’ll probably be permitted to submit a competition if you wish, should you stand to gain financially from challenging a will.
Standards for Contest
There are many reasons that the eligible individual may contest a will. The valid reasons for opposing the probate of a will contain:
Fraud: The testator that is supposed didn’t actually create the will being submitted, the signature of the testator was forged, or the testator was deceived into thinking that s/he was signing another file other than a will
Undue Influence: Through blackmail, threat, bribery, or alternative influence, the testator to write a will that benefited the offending person over others or to alter her or his will was convinced by an individual.
Improper procedure: The will doesn’t meet the validity requirements as recorded under state law. For example, the will had not been signed by the testator or witnesses were not present.
If a person provides evidence a will is not valid for some of the aforementioned reasons, the will may be declared invalid by the court. In this instance, an earlier will draft may be admitted to probate or, the estate may be broken up according to state intestacy laws in case a different valid will draft does not exist. For more news on will dispute lawyers, check us at http://www.probatelawyer.net.au/