Will contests can be one of the most difficult types of litigation possible. Families, already grieving over the death of a loved one, are arguing in court about the estate. This does not mean that you must sit idly by when you believe that there is something wrong with a will. There are a number of reasons why you could challenge a will.
Wills Can Be Unenforceable for Certain Reasons
Questions about wills result from the circumstances under which they were drafted and signed. The most common allegation is that someone else had undue influence on the testator, persuading them to allocate their property in a certain way. Related to this is an allegation that the testator did not have the capacity to sign a will. You may allege that there was fraud in the will process.
An Attorney Can Contest the Will in Probate Court
Regardless of the ground, you should contact an attorney about challenging the will. The estate would need to go through probate before the property can be distributed. If you are an interested party, you have the legal standing to contest the will in court. A judge would hear your arguments, and you can present witnesses and evidence that back up your contentions.
An attorney can review the facts and help you determine whether you have reason to contest the will. Like any legal document, a court may decline to enforce the terms of the will if they believe that it is illegal in any way. First, you must get legal help to effectively challenge the will.
Call a St. Johns County Probate Attorney
The attorneys at Naples & Spence are experienced probate lawyers who can help with your estate planning and litigation needs. Call us today at 904.944.7429 or contact us online to schedule a conversation.
