Confronting A Will Contest From Either Side Of A Conflict
A will is a common estate planning mechanism allowing a person to designate how their assets will be distributed upon their death. Among other provisions, they usually nominate or appoint a personal representative – executor – and detail how real estate, cash and other property will be reallocated after the end of their life.
When a will is created, it must be executed with proper formalities, which typically include signatures by the grantor and two witnesses. If the formalities are not followed, then the will or trust can be declared invalid. At Forgione Law in Stuart, Florida, attorney Forgione helps people create wills that will withstand legal challenges. With more than a decade of experience, he skillfully and passionately represents people who bring will contests or defend estates against them.
Arguments Behind Many Will Contests
The grantor of a will or trust must possess “testamentary capacity” when the will or trust is executed. Testamentary capacity generally means that the grantor understands the nature of their assets, the identities of their natural heirs and the impact of the will. A grantor with testamentary capacity can customize their will to suit their preferences and priorities.
Will contests often involve allegations that something went wrong when a will was created or updated, as follows:
- If the will was not properly executed, it may be invalidated.
- If the grantor lacked testamentary capacity, then the will’s validity may be challenged in a will contest.
- The legal concept of “undue influence” is also frequently used as a basis by which to challenge a will.
- The grantor allegedly demonstrated insane delusion.
- Fraud occurred somewhere along the way.
Undue influence occurs when someone coerces or influences the grantor to such a degree that the will reflects the wishes of the influencer, rather than that of the grantor. Reasons such as alleged insane delusion and fraud are often included in arguments claiming that a grantor had a lack of capacity or undue influence.
Sons, daughters, caregivers, neighbors and business partners may find themselves on the defense side of a will contest. Attorney Forgione represents both plaintiffs and defendants in will contests.
Get Information And Advice About How To Bring Or Defend Against A Will Or Trust Contest
Attorney Forgione applies his experience in challenging and defending wills. If you have questions about the validity of a will, please contact Forgione Law through a brief online form or call 561-730-3926.
Get the answers you are looking for and learn how probate lawyer Forgione can assist you on either side of a will contest.