Can I Contest A Will After Probate Has Been Granted – Yes, a will can be contested after probate. When the will has been proved and accepted by the Court, the Trustee can then distribute the assets to the heirs according to the wishes of the deceased. It is wiser to have a proper will to test
Dispute it. Otherwise, if the Court accepts an incorrect (invalid) version, it will require filing an action to annul the will, delaying the distribution of assets and possibly causing family strife.
Can I Contest A Will After Probate Has Been Granted
Anyone with economic rights or benefits can contest a will, even after probate. The question is: do you think you can win and what do you hope to gain by doing so?
Why Objections To A New York Will May Not Be Easily Dismissed — New York Probate Lawyer Blog — January 14, 2022
There are many legitimate concerns that can motivate someone to contest a will after probate – some of which are worth the risk. However, challenging a will that has gone through probate can be very expensive and the legalities/logistics difficult to navigate. This is where you need an experienced attorney from the James C Shields Bar Association to guide you; there may be other legal options. Your lawyer will review your case and advise you whether you have valid grounds to challenge and discuss your chances of success. (1)
When the Court has accepted a Will as a Last Will, it will take the additional step of revoking it – a very expensive proposition.
Although 99% of Probate Wills are processed without incident, you should seek the services of a probate attorney from the Law Offices of James C. Shields if any of the above situations apply to you.
There are statutes of limitations and deadlines that must be followed. Be careful to preserve any relevant material that demonstrates the credibility of your case – share it with your lawyer.
What Is The Time Frame For Challenging A Wv Will?
The legal process involved in challenging a will moves very slowly. For more information about your specific set of circumstances, contact the Law Offices of James C. Shields for a confidential consultation. The death of a friend or loved one is a difficult process at the best of times, without being frustrated by questions about your legacy.
Unfortunately, people can be left unsatisfied with the assets left to them or not. In this case, it is important to understand the legal action you have and how you can contest the will before or after the probate period.
With that in mind, we’ve outlined five important steps you should take to identify whether you have a claim and pursue it.
If you suspect that everything is not right with the wishes of your loved one, your first step is to get some important documents as soon as possible.
Ways To Contest A Will In Alabama
The first is the will. This is especially important if you suspect the issue is not with the will itself, but its execution.
It is possible that you may face some resistance from the executor at this stage as there is no legal requirement for them to disclose the will. However, there are protocols that encourage the sharing of this documentation. If you can’t get a copy of the will, it’s time to get a lawyer involved.
You’ll also want to get a copy of the trial grant. This will give you more information about when probate was granted and the value of the estate, both of which are important when considering your claim. If probate has been issued, you can also obtain a copy of the will as it becomes a public document when the executor applies for probate.
The next step you need to take is to consider your relationship with the deceased. Usually, a will is contested by an immediate family member such as a spouse or family member, but this is not always the case.
What Are The Chances Of Contesting A Will And Winning
However, not just anyone can challenge a will. For example, being a good friend doesn’t mean you can automatically accept a challenge. The following groups of people may be able to make a claim:
It should also be noted that you can contest a will on behalf of another person. This is most often seen when parents contest a will on behalf of a deceased child.
Once you have considered whether you will be able to make a claim, the next step is to identify whether you have a legal basis to challenge the will. Below is an overview of each legal basis.
Before that, however, be aware that, like any area of law, inheritance law comes with its own set of details and subtleties. Therefore, the information below is designed as an overview only and should not be used as a substitute for professional legal advice.
Things You Should Know About Contesting A Will
Family members or people who are financially dependent on the deceased may be able to make a claim if they left nothing or if they do not think they have been left a fair share of the estate. Even if a will is valid and properly signed, it may not provide assets to the people who need them most. Claims of the Heritage Act 1975 can help solve this problem.
For a will to be considered valid, it must comply with Section 9 of the Wills Act 1837, which states:
To make a will valid, the Testator must be of sound mind. This means they must have the mental capacity to understand that they are making a will and its effects. They must also:
It is clear that a will will not be valid if any part is falsified. This includes the obvious, such as fraudulently signing the Testator’s signature by someone else.
How To Contest A Will In Oregon
However, this is not the only way fraud can occur. If a Testator is unfairly influenced to include or exclude someone from their Will based on false information known to a third party, this may be fraud. For example, Dave removed Sharon from his will because Tom told him he was a thief, despite knowing it was a lie.
A will is not considered valid if the person applying for the will does not know what the will is, or its contents. This protects people in a number of ways, such as being tricked into signing a will because they think it is something else.
This provides grounds for contesting a will that appears to be legally valid if you can show that the person did not know the contents of the will or that there are suspicious circumstances.
Furthermore, although knowledge and approval of a will is generally presumed by the court, there are circumstances where this is not proven and must be present, such as when a person is illiterate or paralyzed.
How To Contest A Will
The sad reality is that cases of coercion do exist, where the Testator is put under undue pressure when making or amending his will. If you suspect this has happened, you need to show a high standard of proof to prove “actual undue influence.”
If you suspect coercion has occurred, it is important to seek legal advice to fully understand what you need to do to prove it. While you may be suspicious of large gifts left to someone, that in itself is not proof.
Mistakes do happen and if someone has compromised the execution of a will, you may have a claim. Errors often refer to things like clerical errors, which result in the will’s assets not being distributed correctly.
Depending on your claim, different limits apply to how long you have to challenge. Below is an overview of each:
Can Probate Be Contested In Colorado?
As you can see, some of these claims must be made quickly after the grant of probate. However, even where the time limit is greater, it is still advisable to move as quickly as possible.
The simple reason for this is because the longer you leave it, the harder it is to track the asset. This increases your costs in either time or money (and often both) and may leave some assets undiscovered.
The best possible scenario is that you file your claim before probate is granted and avoid any assets being distributed. This is often achieved by entering a caveat in the Probate Register to prevent the grant from being issued.
Once your claim is made, you have two options: negotiation or litigation. Negotiation should be your first port of call to resolve disputes quickly and at the lowest possible cost.
Do I Need A Probate Lawyer To Contest A Will?
Unfortunately, negotiation is not always enough, and you may need to take your challenge to court. In this case, there is no substitute for experience, so you should consider contacting a lawyer.
As with any element of the law, each challenge to a will is unique and comes with its own legal strategy for success.
Since time is such a factor when contesting a will, it’s important to move quickly to get advice you can trust. If you are considering contesting a will or are in the process of doing so, contact us to find out how we can help you.
Alternatively, if you want to learn more about the wills and probate process, download our free
Can A Will Be Contested? 7 Common Will Contest Scenarios
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