Q:

How do you handle a contested will?

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Quick Answer

If you are the executor of a will and it is contested, seek advice from an attorney who specializes in relevant laws, and find out the reason the will is contested. This can help you understand the legal grounds, if any, for challenging the will, suggests Wiggins & Hall Law Group. Determine if the will meets all state legal requirements, as the court is likely to uphold the original will if it is fully valid.

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Full Answer

To defend a contested will related to mental competency issues, prepare solid medical evidence with the help of your estate attorney, demonstrating that the testator was in proper mental state when creating the will, advises the Law Offices of Albert Gurevich. Additionally, gather evidence supporting the fact that the testator made the will without undue influence or pressure from other people. Use evidences such as a video showing the will execution and relevant documents, especially if there was a doctor who confirmed the testator's mental capability and served as a witness during the will execution, recommends LawyerLocator.

Interested parties often challenge a will if the testator was below 18 years old, if he made the will with inadequate mental capacity or if he made the will under coercion, reports Wiggins & Hall Law Group. Other common grounds for will contests include the lack of two witnesses or the revocation of the will that was submitted to probate due to the discovery of a new will.

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