Key Takeaways
- Attorney Doug Newborn highlights potential grounds that a relative could use to challenge a will in court.
- Contesting a will requires seeking professional advice from a probate litigation attorney.
- Possible grounds for contesting a will include undue duress or influence, mental incapacity of the deceased, forgery, mistakes or omissions in the will, and breach of fiduciary obligations by the executor.
- Undue influence can be questioned if there is a sudden change in the will or if a person in a position of power had undue influence over the deceased.
- Evidence of mental incapacity should be supported by medical testimonies, while beneficiaries can challenge an executor for not acting in accordance with the will's instructions.
Top Estate Planning Lawyer Doug Newborn founder of Doug Newborn Law Firm, PLLC, in Tucson, AZ, clarifies the potential arguments that a relative could utilize to challenge a will in court. For more information please visit https://dougnewbornlawfirm.com
Tucson, Arizona, United States - October 21, 2023 —
When an heir or beneficiary seeks to contest a will or trust of a recently-deceased loved one, there are a few grounds they can resort to, Probate and Estate Planning attorney Doug Newborn, founder of Doug Newborn Law Firm in Tucson, AZ disclosed this week.
For more information please visit https://dougnewbornlawfirm.com
In an interview this week, Newborn clarified the potential arguments that a relative could utilize to challenge a will in court.
He explained that when a person dies, as part of a process called probate, their assets are distributed to heirs, trustees or beneficiaries as stipulated by their last Will or Trust. These wishes are outlined in written documents and the Will states to whom their assets should be allocated.
When a relative or beneficiary seeks to contest the Estate, Will or Trust, they should seek professional advice from a probate litigation attorney who can offer guidance and opinion on their claims.
“Simply seeking to take the matter to court because the beneficiary is disgruntled or they may not be getting more than they anticipated are usually not reasonable grounds to contest the matter,” informed the Founder of Doug Newborn Law Firm in Tucson, AZ.
However, litigants will stand a far better chance of contesting a Will if they have evidence to suggest the Will has been made under undue duress or influence, was written when the person had mental incapacity, was forged (yes, this happens), or there are mistakes or omissions in the Will.
Another ground for objection could be that the executor who administers the Will is in breach of their fiduciary obligations.
In addressing the undue duress/influence issue, Newborn said: “If a person has suddenly changed the course of a Will or decided that a person not close to them should be a beneficiary, then this may raise questions of validity.”
“The evidence could be that a person in a position of power had undue influence over the decedent to gain the upper hand in the Will.”
He added: “Equally, beneficiaries may have spotted mistakes or matters that have been omitted. In these cases where questions are being raised, a need may arise to contest these issues in court, or at the very least seek guidance.”
Newborn said a beneficiary might be suspicious that undue influence was also applied due to the person’s mental incapacity, causing the estate to be leveraged in someone else’s direction than would otherwise be the case.
Seeking to contest a Will’s validity purely on the person’s lack of mental capacity was one that needed to be taken carefully, as evidence would be required to demonstrate this was the case.
He said evidence of a lack of mental capacity would have to be backed up by the medical community, such as the person’s family doctor or physician. Witnesses such as family, neighbors, and others are always helpful, but the medical testimony will carry the most weight.
Beneficiaries may also challenge matters in court if they believe the Will’s executor (personal representative) is breaching their fiduciary duties. He said: “This may be due to them not acting in accordance with the Will’s instructions.” Other examples are when the personal representative pays themselves first, transfers property to themselves or someone else when it’s supposed to go to a different person, doesn’t answer a beneficiary’s questions, doesn’t provide information to the court such as the Estate’s inventory within the first 90 days of their appointment, etc.
Newborn added: “The assistance of a probate litigation attorney will be invaluable as they can assess the strengths and weaknesses of a case and advise potential claimants. Their guidance can often be the voice of reason in such an emotionally-charged matter.”
Source: http://RecommendedExperts.biz
Contact Info:
Name: Doug Newborn
Email: Send Email
Organization: Doug Newborn Law Firm, PLLC
Address: 7315 N Oracle Rd Suite 230, Tucson, AZ 85704, United States
Phone: 520-636-1152
Website: https://dougnewbornlawfirm.com
Release ID: 89110480
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