Fair Questions - Making a Case for Effectively Contesting a Will Isn't Easy

October 18, 2007

"But it's just not fair!" Estate planning lawyers often hear this protest from a potential client who wishes to object to a loved one's will on the grounds that they were either promised something, the will was supposed to have been rewritten, or the terms are not fair.

Unfortunately, in most cases, the message in response is, "You are right, but the law in will contests is such that you don't have a case."

In will contests in most states, it is fairly clear that a will may be objected to only on certain grounds. The first is undue influence. This is proven when (1) the person who wrote the will was susceptible to being unduly influenced, (2) the person who exerted undue influence had the opportunity to do so, and (3) the person exerting this undue influence had enough control over the will signer to cause the will to be drafted in accordance with provisions that were not intended.

Normally the opponent or contestant of the will has the obligation to prove that the will should be overturned, but in some cases, ...

You may read more at the link below.

by: Hyman G. Darling, Esq.

Business to Business, Healthcare News
October 1, 2007, October 2007

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