Challenges in Contesting a Will After Probate

Challenges in Contesting a Will After Probate

A Will details how the testator’s property and other valuable assets will be distributed amongst his/her heirs. Testamentary Wills are thought of as the final say of the decedent, making sure it is executed the way the testator wants it to be is paramount. In the event a beneficiary is not happy with his share of the assets, he/she should contest the Will within six months in order to raise the chances of legitimizing your claim. Most families are content with their share of the property. It is only when family members feel that they have a claim over certain assets that they contest a Will.

Grounds for Contesting a Will During Probate

There are many grounds for contesting a Will. Read the following points which illustrate when one can contest a Will after a grant of probate:

1. Lack of Testamentary Capacity

This is when the claimant has reason to believe that the testator does not have the reasoning capabilities and the mental capacity to make a will. There are several reasons because of which a testator may not have had the mental capacity to create a Will. Mental illnesses ranging from psychosis to schizophrenia have the tendency to incapacitate the logical reasoning of a person. Dementia and Alzhimers could possibly also contribute in the same manner. Under this pretense, unhappy beneficiaries can contest a Will. 

2. Coercion

Family feuds habitually occur when a testator’s family is unhappy with the division of the property. In many instances, heirs are known to subject a testator of the family to blackmail in order to get a more profitable asset. For example: a family member of the testator influences the Will-maker to draft the will in the favour of the family member with malicious intent. This is a crime and its effect on the probate grant will result in an inequitable division of valuable assets.

3. Improper Execution of The Will

The administration of a Will is key in ensuring an equitable distribution of the assets. Administration of the estate undergoes massive changes when a testator dies intestate. Intestacy laws make the court responsible for dividing and alloting of the property. Since a testator of the family will know best who to allot which asset to, a court doing the same will not be as efficient. When intestacy laws come into effect, the probate process increases in duration because additional documents will need to be drafted. After a probate grant, if a beneficiary or legatee believes they are entitled to more assets, then they can contest the Will on grounds of inefficient execution of the Will.

The Executor and The Estate

The time limit of this claim’s filing and documentation is 6 years from the date of the breach of probate. This claim is a common problem in Will disputes & resolutions. It occurs when an executor improperly executes a Will. Bad representatives get greedy and keep an unfair amount of estate money. This estate money usually comes out of the assets of the beneficiaries. Executors sometimes fail to pay out estate money, creating more of a tax burden on the heir. The main point for having a Will is to give the heir property with certain reductions on tax. Poorly planned and executed estate plans result in more mishaps in the probate process. It is pertinent that a trustee furnishes documents to beneficiaries in good faith. Always remember that an executor is personally liable for not carrying out his duties. 

Risks  Of Contesting Probate

A client risks contesting and winning against a Will the longer he/she waits it out. It is best to contest when the probate has not been granted. As a result, it would be a time-effective affair and would not result in a wrongful allocation of property. Once contested in the duration of the probate grant, the property will be divided immediately. The risk of applying for stopping the grant of probate is that court proceedings can be issued against you too. 

Final Thoughts 

Contesting the probate process is an expensive affair and creates additional complications in the probate process. However, one should seek legal help if they believe they are entitled to specific valuable assets. A decedent should ensure a trusted executor administers the estate in good faith. Beneficiaries are legally capable of contesting the essence of the Will based on the mentioned grounds. The main reason why Probate exists is to ensure that parties get the property they are entitled to.

Table of Contents

Disclaimer:

The information provided in this blog post is for general informational purposes only. All information on the site is provided in good faith. However, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the site.

Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the site or reliance on any information provided on the site. Your use of the site and your reliance on any information on the site is solely at your own risk.

This blog post does not constitute professional advice. The content is not meant to be a substitute for professional advice from a certified professional or specialist. Readers should consult professional help or seek expert advice before making any decisions based on the information provided in the blog.

aeecorp.net alianda.net giftsandflowersdelivery.com capnken.com chadgill.com mdkchild.com oconeefps.com vegchip.com localdentistnj.com pedare.org rushcover.com 10-10ths.com abvakabo.net personalattorneynewjersey.com graficas.us csteefel.com oqprogram.com hogchow.com nearmepersonalinjurylawyer.com exotechs.com slawson.net kengunn.com cosmeticdentistrybk.com dentistnearmetoday.com thescinc.com sensney.com porcelainveneersbrooklyn.com guyjamm.com actslab.com iklanpr.com dudedog.net jongery.com frogetha.com mayieka.com tahoerf.com namekeg.com skytudor.com digacomp.com elyrical.com abacobeachdivecenter.com zamichow.com fernworx.com rozei.org herzstein.org noniene.com webtvdoc.com arenauk.org omniali.net oolitic.net slimlife.org sentrabd.com gladych.com petrifiedtoad.com sourebh.com nslijhs.com tgspider.com lektura.org demycom.com ospreyam.com antacids.net mywebpad.com mvscrew.com lowellmovers.net gotshui.com locallawyerblog.com unimarts.com misrasi.com locallawyersnj.com alum-tek.com ubertor.net dental-aed.com medicalmalpracticeattorneybronx.com dentistnearmebronx.com defwords.com gocamden.com amprose.net mcamics.com webboss.org virdiusa.com medicalmalpracticelawyerbronx.com divinev.com lawyermarketingmiami.com nearmepersonalinjurylawyers.com medicalmallawyersbronx.com allaxion.com lphilton.com osaruman.com jaxguide.com thecall.net cssvoip.com bcsgifts.com plastron.net dentistnearmestatenisland.com popeafb.net bestbrooklynattorneys.com mrshines.com nearmeattorney.com dentistnearmequeens.com localseolawyers.com whysdmi.org lowratescarrental.com sjwalter.com dentalbrooklyn.net wofsmail.com spgurley.com omalawyers.com etalgom.com gmzbuyers.com cadsteam.com ewgapdx.com theellen.org jdevien.com booksavy.com dentalbrooklyn.info avitexas.com ebizthai.com localseodental.com castsoxs.com vr5xs6yh.com ridemoor.com brooklynadvanceddentalcare.com escorts-nyc.net personalinjuryattorneysnjs.com fastpawnonline.com toothimplantsbrooklyn.com rootcanalbrooklyn.com mearabia.com togtouch.com epcdaily.com timesfcu.com lawyersbk.com vaianisi.com cybewire.com giftsandflowersdirectory.com mooredns.com dentistnearmenewyork.com gp-beautysalon.com oxadrine.com boxsteps.com 3bliving.com psychdog.us foralbum.com eurofixpaintingandtile.com dentistrybk.com arielber.com akatonia.com ilcorail.com elitepersonalinjuryattorneys.com dentistnearmebrooklyn.com famsvane.com dentallabny.com nearmepersonalattorneys.com teethwhiteninginbrooklyn.com dentistnearmelongisland.com moversframingham.com mydentistbrooklyn.com colacake.com paradiselocksandkeys.com carsfile.com solapnet.com ausburyparkmovingcompanies.com depsites.com nearmedentals.com homeinhb.com joeyspcs.com locallawyernyc.com icubeweb.com avifiles.com dentistbk.com regismfg.com bencamel.com playkiwi.com hosearch.com fondaciocanada.org click2classic.com nearmepersonalinjuryattorneys.com invisalignbrooklyn11229.com toothextractionbrooklyn.com locallawyersny.com siyangbi.com eriefsbo.com teserint.com gaiacred.com bigapplegoldbuyer.com homeimprovementgeneralcontractors.com tofuclan.com funeatin.com soldrite.com siyiyoga.com getmilko.com myhelong.com nearmepersonalinjuryattorney.com walibris.com etard.net arkrocks.com pansdora.com limmudtr.com lungsusa.org golisters.com newyorkaccidentslawyer.com greytblog.com ovolaw.com medicalmalpracticeattorneysbronx.com electionreceipt.com depsites.com opasm.org rcadss.com lamassio.com personalinjuryattorneysnys.com funemoney.com benramon.com izandoli.com leicsvle.com busiwebs.com coolnewt.com jrhome.org affirmers.org pvbgc.org localattorneynj.com sehah.org xtcplace.com djonfire.com epaops.org hometheatermiami.com peelseek.com jandavidson.net nappyboyent.net nygot.com ziggs.org uniquedayspa.net vistamro.com pdmanewengland.org ewanrose.com lawyersconsult.com grovepto.org disfilca.com artmystic.com ocany.org quarkpark.info paingold.com tactfoot.com marmasse.com iddmiami.com cdstrees.com lostel.com itxoft.com sparltech.com
On Key

Related Posts

Trusts and Wills
Federal Law

Understanding Trusts and Wills

Introduction to Trusts and Wills Trusts and wills are crucial components of estate planning, serving distinct but complementary roles in managing and distributing an individual’s

Read More »