A Wills Lawyer Dallas, TX Trust Discusses Contesting a Will
A law firm for will challenges & dispute litigation matters
Many inheritances will go smoothly, but for about 10% of heirs, the process will be complex and rife with obstacles. Even a carefully thought out estate plan can cause a dispute. By having a wills lawyer on your side, you can minimize the risk of a dispute from happening. If you are getting ready to plan your estate or would like to have a Dallas, TX lawyer review your newly drafted DIY will, please call Brandy Austin Law Firm, PLLC.
Sometimes the consequences of a will is not clear to everyone involved. Other situations might involve questions on whether or not the will is valid or there may be multiple wills left by the same person. If a will is being contested, the heirs will likely need to go to probate court, or defend the document in a zealous will challenge that involves a plaintiff and defendant.
At Brandy Austin Law Firm, PLLC., we handle will contests and will defenses. If you are locked in an argument or dispute, let our will contest lawyers help. For immediate advice, please call us now.
Understanding the Will Contestation Process
A will contest is a type of legal challenge which raises questions regarding the validity of a last living will. In order to win the challenge, the contestor must show that the will fails to reflect the actual last wishes of the deceased or is otherwise illegitimate.
As a wills lawyer might explain, these legal matters are highly technical. A lawyer must file a formal objection with the probate court and before the statute of limitation expires. Whether you wish to challenge or dispute a will, you may want to retain an experienced wills lawyer in Dallas, TX.
Who Can Challenge a Will?
A will, in theory, can be challenged by any person who has a legal claim. However, in practice, not every person can rightfully challenge a will. As a will contest lawyer might explain, in order to challenge a will, a client must have a valid legal standing. This means you must be able to demonstrate that you would suffer from harm (i.e. financial harm), in some way, if the will is deemed to be valid. If you cannot show the risk of being harmed, you generally will not have grounds for a will challenge.
Grounds to Challenge a Will
Once you have established you have a valid legal standing, you, with the help of a lawyer, will need to show that you have proof the will is invalid. You cannot simply claim the will is “fake” or does not “reflect” the final wishes of the deceased person. Rather you must show proof. Common grounds to challenge a will are as follows:
- Undue influence
- Lack of mental capacity
- The will was not properly executed
- Another document took priority over the will (i.e. prenuptial agreement or trust)
Contesting a Will
People who wish to challenge a will have a limited time to do so. Each state has set its own deadlines and they often vary depending on the circumstances of the case. Typically, as soon as a dispute arises, you should seek a wills lawyer to legally represent you.
At Brandy Austin Law Firm, PLLC., our wills lawyer Dallas, TX clients recommend have decades of experience in representing clients who are dealing with matters involving wills, trusts, and estates. For a completely free and confidential consultation, call a wills lawyer today.