Everything You Need to Know about Contesting a Will

Contesting a Will: Grounds, Procedures, and Potential Outcomes

Contesting a will is an intricate legal process wherein an individual challenges the validity or fairness of a deceased person's last testament. It is not a decision to be taken lightly, as it involves navigating complex laws and regulations.

This involves probate litigation, which can be challenging and requires the expertise of a skilled probate lawyer in Denver.

Grounds for Contesting a Will

There could be many reasons to contest a will based on individual circumstances and other factors. However, the most common grounds include:

Lack of Testamentary Capacity

The major reason to contest a will is the claim that the testator (the person who made the will) lacked testamentary capacity (mental competence) at the time of its creation.

To prove this, the challenging party must demonstrate that the testator did not comprehend the extent of their assets, the potential beneficiaries, or the overall implications of the will's provisions.

Undue Influence

This means that the testator was coerced or manipulated into creating the will in a manner contrary to their true intentions. Evidence must be presented to establish undue influence showing the influencer's actions and their effects on the testator's decisions, undermining their free will.

Fraud and Forgery

If there are suspicions that the will is fraudulent or forged, it can be contested in court. Experts may be called upon to prove fraud or forgery. This process might involve examining handwriting, signatures, and other evidence and questioning witnesses to ascertain the will's authenticity.

Improper Execution

Improper execution claims may arise when the will lacks the necessary number of witnesses or if the witnesses did not properly attest to the testator's document signing.

Procedures for Contesting a Will

Probate litigation can be complex and involves the following procedures:

1.   Consultation with an Attorney

Contesting a will is a complex legal matter that requires the expertise of an experienced probate attorney. The first step is to consult a Denver probate attorney to assess the validity of the potential grounds for contesting the will and to determine the best course of action.

2.   Filing a Will Contest

The next step involves formally filing a will contest with the appropriate probate court. The petition must outline the grounds for the contested will and provide supporting evidence.

3.   Discovery and Evidence Gathering

Both parties can share relevant evidence and information during this phase. This may include medical records, witness statements, financial documents, and expert testimonies.

4.   Mediation and Settlement

Mediation can sometimes be employed as an alternative dispute resolution method. Mediation aims to reach a mutually agreeable settlement between the parties involved, potentially avoiding the need for a full trial.

Potential Outcomes of Contesting a Will

Here are some of the outcomes after contesting a will:

Will Upheld

If the court finds no valid grounds to contest the will or the challenging party fails to meet the burden of proof, the will is upheld as valid, and its provisions are executed as intended by the testator.

Will Partially Altered

In certain instances, the court may find that only specific provisions of the will are invalid while upholding the rest. The court may then adjust the will's terms to reflect a fair distribution of assets.

Will Invalidated

If the will is deemed invalid by the court, the estate may be distributed as if no will existed, following intestacy rules (default inheritance laws).

Consult Professional Probate Attorneys at Evans Case

Contesting a will can be challenging and requires careful consideration and professional guidance. While it is essential to uphold the wishes of the deceased, ensuring fairness and transparency is equally crucial. The legal team at Evans Case understands how difficult this time can be and offers our clients proper guidance and support.

Let us help you navigate the process to find a just resolution and preserve the legacy of your loved ones. Get in touch to book an initial evaluation.