POLARIS LAW
PLLC
When a loved one passes away, the distribution of their estate can sometimes lead to disputes. If you believe that a will does not accurately reflect the true intentions of the deceased or if there are grounds for contesting its validity, Polaris Law is here to help. Our experienced attorneys specialize in will contests and are dedicated to protecting your rights and ensuring justice is served.
Understanding Will Contests
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Contesting a will involves legally challenging the validity of a will in probate court. Here are some common grounds for contesting a will:
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1. Lack of Testamentary Capacity:
Definition: The testator (the person who made the will) must have had the mental capacity to understand the nature of their actions when creating the will.
Signs of Incapacity: Evidence of mental illness, dementia, or other conditions that could impair judgment can be grounds for contesting the will.
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2. Undue Influence:
Definition: If someone exerted undue influence over the testator, causing them to make decisions they otherwise would not have, the will can be contested.
Examples: Manipulation, threats, or coercion by a person close to the testator can be evidence of undue influence.
3. Fraud or Forgery:
Definition: A will can be contested if it was created or altered through fraudulent means or if the testator’s signature was forged.
Indicators: False statements, misrepresentation, or forged signatures can invalidate a will.
4. Improper Execution:
Definition: A will must comply with specific legal formalities, such as being signed by the testator and witnessed by two disinterested parties.
Consequences: If the will was not executed according to these formalities, it can be deemed invalid.
5. Revocation:
Definition: A will can be contested if there is evidence that the testator revoked it, either by creating a new will or by physically destroying the old one.
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The Importance of Hiring an Attorney
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Challenging a will involves complex legal procedures and requires a thorough understanding of probate law. Our attorneys have the expertise to navigate these complexities and build a strong case on your behalf. Successfully contesting a will requires substantial evidence. Our team can help gather and present the necessary documentation, witness statements, and expert testimony to support your claim. Contesting a will often involves court hearings and legal proceedings. Our team will represent you in court, advocating for your rights and presenting your case effectively. Our primary goal is to protect your interests and ensure a fair outcome. We work tirelessly to achieve the best possible result for you and your family.
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If you believe there are grounds for contesting a will, don’t navigate this challenging process alone. Contact Polaris Law today to schedule a consultation and take the first step toward ensuring justice is served. Our experienced and compassionate team is here to support you every step of the way.