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Are there valid reasons to contest a will?

Mar 20, 2020

Paul S. Labiner

Paul Labiner

Managing
Partner

Yes. When a person dies and a will exists, that will goes to a probate court for approval. However, beneficiaries and heirs do not always agree as to the validity of a will and wish to contest it.

Some of the most common objections to the validity of a will are:

  • The person lacked mental capacity at the time the will was executed,
  • The will was forged or executed by force or under undue influence, or
  • The will was not properly drafted, signed, or witnessed according to the state’s formal requirements.

There are procedures one must follow to contest a will. Objections to a decedent’s will must be filed in probate court within a certain number of days after receiving notice of the death or petition to admit the will to probate.

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