When you utilize a last will to express your final wishes the estate will pass through the legal process of probate. During this interim anyone who wanted to challenge the will could present his or her argument before the court.
If you are someone who is engaged in the process of estate planning you should be aware of this possibility. Some people may have an inkling in advance that their wishes are not going to be well received by some. If you feel this way you should definitely express your concerns to your attorney.
A last will can be challenged on one of four different grounds: undue influence, fraud, improper execution, and lack of capacity.
Estate planning attorneys are always going to emphasize the fact that you should plan ahead with the possibility of will challenges in mind. But on the other end of the spectrum, there are times when someone who would like to contest a last will may have totally valid grounds.
If you feel as though you could prove that a last will that is being presented to the probate court is not valid for one reason or another you should definitely discuss the situation with a licensed and experienced estate planning attorney.
Your attorney will gain an understanding of the details and advise you appropriately.
Should you be in a situation where you think that a last will may be invalid by all means contact our firm to arrange for a free consultation. We can be reached by phone at (860) 548-1000.