Nearly every family has one or two members who like to argue about nearly everything. This can lead to Minnesota Will Contests.
This reality can prove especially annoying when someones Will has just been admitted to probate. While a testator can often prevent this type of problem by including a no contest clause in the Will (stating that anyone named in it who tries to contest its validity will take nothing under it), many people still forget to include such a provision.
If your family is currently battling with an argumentative member whos determined to try and inherit more goods or money since a no contest clause was not included in a Will, youll need to speak with your Minnesota estate planning attorney right away.
He can then easily explain each of the following, most common grounds for challenging a Will to you. (Of course, keep in mind that sometimes, actual fraud may have occurred and may need to be reported to a probate court).
Legitimate Grounds for Contesting a Will When You Have Proof
- The person who created the Will did not have testamentary capacity. If the testator was definitely suffering from some serious mental impairment at the time that s/he created the Will, there may be a valid argument for contesting it. However, courts will make every attempt to find that the testator may have gone through one or more lucid intervals during which s/he was able to dictate the Wills contents. Stated differently, if the person fully understood that s/he was creating a document that would determine how all of his/her possessions or money would be distributed upon death — then this type of claim wont be considered viable. Significant medical documentation is always required to prove this type of claim;
- A claim is made that all or part of the Will doesnt abide by Minnesota law. Unfortunately, this reality can occur, especially if the testator using an online DIY (Do-It-Yourself) Will. Nevertheless, the court will still do all it can to interpret the Will so that it can be upheld;
- A valid claim is made that the testators signature was forged. While this argument can be raised, as long as the testator made use of the required number of witnesses, odds are this argument will fail. However, problems can arise if the testator failed to have the proper number of witnesses present who were qualified to serve in that capacity;
- A claim can be made that the testator was unduly influenced before or during the creation of the Will. All too often, one sibling may accuse another of trying to convince a parent to leave one or more other family members out of the Will especially if only one sibling had regular access to the parent/testator for a lengthy period of time prior to his/her death;
- Someone can produce what s/he claims is a more recent, properly executed Will than the one thats already been presented for probate. Of course, the court will make sure that the newer Will properly honored all formalities and further investigate the circumstances surrounding the finding and creation of this newer Will. Similar problems can also arise if a new codicil or addition to a Will is found one that appears to contradict key aspects of the Will now considered to be the legitimate one;
- A person may claim that one or more clerical errors made when typing the Will have rendered it invalid. While this argument can be made, a probate court will normally make every effort to properly discern what the testator intended by carefully reviewing every part of the Will before ruling that its terms are too unclear to be valid;
- Someone can claim that the testator clearly announced his intention to destroy the Will entered into probate — and to just die intestate, without a Will. If the Will produced meets all statutory requirements of a valid Will, the court may still rule that theres a presumption that it still does represent the testators true intentions — since it could easily have been destroyed if that had been desired.
While these are not the only types of arguments that can be raised, they are among the most common ones. Just remember that the disposition of a persons property after death is so important that every Will needs to be drafted by an experienced Minnesota estate planning attorney.
Minnesota Estate Planning Attorney
Contact the Flanders Law Firmtoday. The firm offers free estate planningconsultations to all potential clients. Call(612) 424-0398.
This is a very informative post. Why there are times that people try to think of anything they can to try to contest a will, there are actually valid reasons that can possibly exist – with proof of course. Thanks for sharing.
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