A last will and testament helps to manage an estate according to the wishes of the deceased. However, there are instances when a legal reason can be used as a basis to file a will contest. Challenging a will usually comes with some pushback, but having a qualified wills and probate law attorney on your side raises your odds of a favorable outcome. Here’s more on what challenging a will entails.

Why Would You Need to Contest a Will?

Sometimes, legitimate issues exist when it comes to the validity of a will. Although will and probate law varies for each state, the following are the usual grounds for contesting a will. 

Technical Flaw

A will can become invalid if it doesn’t follow the legal formalities prescribed by the state. For instance, Nebraska wills and probate law requires that the testator, or the person creating the will, sign the document in the presence of at least two witnesses. Failure to comply with such technical requirements can invalidate the will.

Fraud

A will can be declared invalid if the testator was deceived or misled into signing it. For example, a testator could be conned into signing a will that they believed was a power of attorney. An attorney knowledgeable in wills and probate law can then help prove that fraud took place in situations like this.

Lack of Testamentary Capacity

One of the fundamental requirements for drafting a valid will is having a sound mind and being aware of the legal effects of signing the document. A lack of testamentary capacity means that the testator wasn’t in full control of their faculties during the signing of the will.

Undue Influence

This means that other people, such as the testator’s relative, friend, or caregiver, managed to obtain a new will that reflects their own wishes instead of the testator’s. Undue influence is typically suspected when a new friend or a nurse suddenly has a considerable part in the will.

What Is the Process Involved in Contesting a Will? 

You are likely qualified to challenge the will if you are a beneficiary or an heir. If you do have the standing to contest the will, you should then file a will contest within the allowable time limit and have sufficient grounds to do so. Consulting a wills and probate law attorney is crucial to determine how much time you have left to file a will contest and prove that you have enough legal evidence.

You don’t have to face the burden of contesting a will alone. Turn to David R. Webb, Attorney at Law in Lincoln, NE, if you need an experienced attorney in the areas of wills and probate law. You can rely on this attorney to examine the will thoroughly to detect fraud and ensure that it is correctly executed. Attorney Webb also specializes in estate planning and family law. Call (402) 477-7577 to schedule a consultation, or visit his website for further inquiries.