Will Contests

Will Contests: Challenging or Defending a Will in Court

Will Contests: Challenging or Defending a Will in Court

A Will Contest is a legal challenge to the validity of a deceased person’s will. Whether you believe that a will does not accurately reflect the true intentions of the deceased, or you are defending a will from a challenge, will contests can be emotionally charged and legally complex. At Warshofsky Law, we provide expert legal representation in will contest cases, protecting the rights of beneficiaries, executors, and others with an interest in the estate.

Will contests often arise when there are suspicions of undue influence, fraud, or lack of capacity at the time the will was executed. These disputes can significantly delay the probate process and impact the distribution of assets. Whether you are contesting a will or defending against a contest, it’s critical to have experienced legal counsel by your side to navigate these complicated proceedings.

Common Grounds for Contesting a Will

There are several legal grounds for contesting the validity of a will, including:

• Lack of Testamentary Capacity: For a will to be valid, the person creating it (testator) must have been of sound mind. If the testator did not understand the nature of their assets, the distribution of those assets, or the legal effects of signing the will, the will may be invalid.
• Undue Influence: If the testator was pressured or manipulated by someone with control over them at the time the will was created, this may be grounds for a will contest. Undue influence occurs when someone exerts improper pressure to change the terms of the will in their favor.
• Fraud or Forgery: If there is evidence that the will was fraudulently created, forged, or signed under false pretenses, the will can be challenged.
• Improper Execution: Wills must meet certain legal requirements to be valid, including being properly signed and witnessed according to state law. A will that does not comply with these formalities can be contested and declared invalid.
• Revocation: If there is reason to believe that the testator revoked the will before their death—by creating a new will or destroying the original—the will may be contested on those grounds.

Defending a Will from a Contest

If you are an executor or a beneficiary of a will that is being contested, defending against these claims is crucial to ensure the estate is distributed according to the deceased’s wishes. We provide strong legal defense in will contests, ensuring that the will is upheld and that the true intentions of the testator are respected. Our team will:

• Gather Evidence: We will compile medical records, witness testimony, and other evidence to support the validity of the will and prove the testator’s mental capacity and intent.
• Challenge Allegations of Undue Influence: We will investigate the claims of undue influence and demonstrate that the testator’s decisions were their own.
• Address Procedural Concerns: If the challenge is based on improper execution, we will ensure that the necessary legal formalities were followed, preserving the will’s validity.

The Will Contest Process

A will contest typically begins when a party files a petition with the probate court challenging the validity of the will. The process may involve:

• Filing the Contest: The party contesting the will must file a formal objection with the court, outlining the grounds for the challenge.
• Gathering Evidence: Both parties will gather evidence, including witness statements, medical records, and expert testimony, to support their case.
• Court Proceedings: If the case cannot be resolved through negotiation or mediation, the matter will go to court, where a judge will decide whether the will is valid based on the evidence presented.
• Distribution of Assets: If the will is upheld, the assets will be distributed according to the will. If the will is invalidated, the estate may be distributed according to a previous will or state intestacy laws.

How Warshofsky Law Can Help

At Warshofsky Law, we represent clients on both sides of will contests. Whether you are challenging a will due to concerns about its validity or defending a will from a contest, we have the experience and legal expertise to protect your interests. Our team will:

• Provide comprehensive legal counsel throughout the contest process.
• Ensure that the facts of the case are thoroughly investigated and presented in court.
• Advocate for your rights to ensure a fair resolution.

Trust Warshofsky Law for Will Contest Representation

Will contests can be emotionally taxing and legally complicated, requiring experienced legal representation to protect your interests. At Warshofsky Law, we are committed to ensuring that the wishes of the deceased are respected and that the estate is handled according to the law.

Contact us today at 305-446-1244 or email Jason at Jason@WarshofskyLaw.com to schedule a consultation and learn more about how we can assist you with will contests.