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The primary objective of a will is to transfer property and/or money to beneficiaries. It’s not surprising, or uncommon, for family members or friends who expected to receive something, but didn’t, to challenge the will itself or the competency of the will’s creator. This section explains when and how wills can be challenged and provides information on how someone is deemed mentally competent or of ‘sound mind’ and whether spouses and children can be disinherited.
What do savvy attorneys suggest putting in a will when someone will receive nothing?
The possibility of a Will Contest is one of the reasons many lawyers encourage their clients to never completely cut someone who would normally expect to inherit, like a child ...
What are will contests and how do I avoid them?
Most of the challenges to invalidate Wills, or Will contests, are made by potential heirs or beneficiaries who got little or nothing in the Will. Challenges to the validity of ...
What if someone objects to the will?
If someone files an objection to the Will in probate court or produces another Will, then what is known as a "Will contest" will begin. While few people ever actually ...
Suppose that I am afraid someone might challenge my will. How can I ‘bullet proof’ it?
First, a Will is such an important document that you'll want to have a lawyer help you draft it, even if you do not fear someone may challenge it. You'll ...
If a person was mentally competent at the time a will was made and then loses it, is the will still good?
Yes. The relevant question for a Will’s validity is whether the person was competent at the time the Will was made and executed (signed before witnesses). If the person was ...
What is the effect of senility on a will's validity?
That depends on when the senility occurred. If the deceased was competent at the time the Will was written and signed, later senility won’t have any effect on the Will’s ...
Can my father contest the terms of my grandfather's trust if there is a no-contest clause in it?
Someone needs valid grounds to successfully challenge a Trust, but that doesn't stop a person who stands to gain if he or she can overturn the Trust (in whole or ...
Are You of Sound Mind?
Anyone making a legal document, such as a Will, must be of “sound mind” when that document is signed. You can be eccentric or even forgetful, but ...
Can I disinherit my spouse and/or my child(ren)?
You can’t disinherit your spouse completely, unless you and your spouse have waived the right to be included in the other's estate in a prenuptial or postnuptial agreement (agreements made ...
My brother who was left out of dad's will is challenging it. What can we expect if we settle?
In a settlement, instead of getting nothing and having to pay his or her own legal bills, your brother would get something, which would deplete the size of the estate ...
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