On what basis can someone contest a Will?
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On what basis can someone contest a Will?
My grandmother died last year. She had a Will made up 5 years ago that gave the bulk of her estate to her son. Then she had a new Will made up last year that gives the bulk of her estate to her daughter. Now her son wants to contest the Will claiming unfair influence or something. My grandmother was in her right state of mind to the day she died. Will the son have any success in contesting this new Will?
Asked on November 29, 2011 under Estate Planning, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are several ways for a person to contests a Will. Amongst them are that the Will was not properly witnessed or signed, that the Will was the result of undue influence or coercion, that the person was not mentally capable of signing a Will when it was signed and that an actual child was not mentioned in the Will at all (either given or not given any asset).
Whether or not the son will be successful in the Will contest depends upon the circumstances how the last Will was signed, what the witnesses will testify to, and the decedent's mental capacity when the last Will was signed.
I suggest that in the event of a Will contest, the executor/executrix retain an attorney experienced in such contests besides the presumed probate attorney handling the probate process.
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