Will contests have become more prevalent in recent years. While Snell Legal is a business law firm, and most wills do not involve businesses, the skills we use in handling business law matters, and particularly, litigation, are very useful in handling will contests. And, we have experience with will contests, which is important.
There are limited grounds on which a will can be contested. The time within which a will may be contested can be as little as twenty (20) days from the time a formal notice of administration is received by a prospective claimant. So, it’s critical that an attorney bringing, or defending, a will contest knows what they’re doing; there may not be enough time to learn on the job.
A will can be contested if: not executed properly; the testator (decedent) lacked testamentary capacity; there was undue influence upon the testator in executing their will; there was fraud in procuring the will; or there was duress upon the testator in executing the will. There is very specific statutory and case law which applies to the grounds on which wills can be contested.
If you believe that legitimate grounds may exist to challenge a will, or you are seeking capable counsel to assist with defending the integrity of a will, contact an attorney at Snell Legal for assistance.