Will Challenges: What Are the Legal Grounds?

Some people hear about the topic of last will challenges and they see a one-sided picture.  This perspective involves a disgruntled party who cannot deal with the final wishes of a family member.

Rather than accepting the decedent’s right to make his or her own decisions the indignant individual in question decides to challenge the validity of the will.

The fact of the matter is that there are those who may step forward out of a sense of being slighted personally without really having any solid legal grounds for the challenge.  On the other hand, there are instances where someone does in fact have a valid case.

Incapacity

If a last will was constructed by someone who is not in full control of his or her faculties it could potentially be successfully challenged.  You must be of sound mind to execute a valid last will.

Coercion

When you execute a last will you must do so of your own free will.  If it can be proven that you were unduly coerced to make the choices that you did a challenge can be successful.

Fraud

If it can be proven that the decedent executed a last will under fraudulent circumstances a challenge to the estate could hold up in court.

Improper Execution

One of the reasons why it is a good idea to steer clear of do-it-yourself estate planning downloads and worksheets is because of the fact that each jurisdiction has very specific expectations under state laws. The last will must be properly executed, and if it is not it can be invalidated by the probate court.

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Paul A. Kraft, Estate Planning Attorney

Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.

Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.

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