What is a Will Contest?
A Will Contest (Also known as a “TEDRA” action) begins with a formal objection to the validity of a Will. We file these formal objections in the Clark County Superior Court. Specific procedural rules govern Will Challenges, and failure to follow these standards can lead to the case’s dismissal. It is of vital importance to correctly craft and file the initial Will Challenge Petition. If filed incorrectly, crucial issues might be later barred.
What is the basis of a Will Challenge?
Simply claiming that a Will does not reflect the deceased’s intent or being upset with the deceased’s decisions regarding their Will is not enough to overturn a Will. There must be a legal basis and theory for dismissing the offered Will. Examples of grounds for a Will Challenge include:
Superseded Will – If you discover a more recently executed Will before the Statute of Limitations Period lapses, you can have your Estate Litigation Attorney submit the Will to replace the prior-filed Will. Interested Parties may challenge this new Will. Or, at a minimum, the new Will shall require precise shifting of assets from the current executor to the new executor. A Formal Accounting might be necessary or new purchase agreements and bank accounts.
Improper Will Execution – Every jurisdiction has specific rules regarding proper Will execution. If not followed, the Will is invalid. A Will Contest based on Improper Will Execution arises when an interested person claims the rules were not followed and seeks an order to exclude the offered Will.
Can I Contest a Will?
If within the statute of limitations period, an interested party can challenge a Will.
How long does it take to Contest a Will?
A Will Contest that does not settle, and goes to trial, can take up to two years until completion.
Who can Contest a Will?
An interested party can contest a Will. An interested party is someone who can demonstrate financial harm created by the Will.
What makes a Will Invalid?
What do Will Formalities mean?
In the context of a Will Contest, “Will Formalities” refers to the state rules regarding proper Will execution. For example, the number of witnesses and signature locations. If these rules are not followed the Will is not a Will.
How do you Contest a Will?
A Will Contest begins when an interested party has their Will Contest Lawyer draft a petition spelling out the Will Contests’ basis, which is filed in the appropriate court.
Can I Contest a Will after Probate?
If the statute of limitations period has not passed, you can challenge a Will after it has been probated.
How long does a Will Challenge Take?
A Will Challenge that does not settle and goes to trial can take up to two years.
Who pays for Contesting a Will?
The person contesting the Will pays his bill, and the person defending the Will pays her bill. Typically, the estate does not pay any portion of the contest expense. If the Court finds the contest was brought without good-faith, the Court may assign all attorney fees and costs to the petitioner who challenged the Will.
What is required to Contest a Will?
The contestant must be an interested person, pay the costs involved and prove to the judge that the Will is not valid because of Duress or Coercion, Fraud or Forgery, Undue Influence, Lack of Testamentary Capacity, Superseded Will or Improper Will Execution.
Does a Real Will Challenge Lawyer Save You Money?
A Will Challenge Lawyer will likely reduce the estate litigation cost. By being familiar with the process and the court system, a Will Challenge Lawyer can more quickly identify and address issues. Experience with discovery methods and time-taught knowledge of what steps are usually successful help reach conclusions more quickly. In short, a Will Contest Lawyer saves you money.
Experienced, With Reasonable Prices, We Will Fight For You.
If you have any questions about Will Contest or any other estate planning or Elder Law topics, please contact us to schedule a free consultation. At Vancouver Wills and Trusts we focus on estate law. With years of experience we will explain complex techniques clearly and concisely. We make it easy for you to understand Will Contests so you can make the best decisions for yourself and your family.