No-Contest Clause: Why Have One?

In an effort to ensure their wishes are met and avoid disputes among family members a person may include what is called a no contest clause in a will or living trust document. The no contest clause is a legal specification that is designed to keep people from contesting the terms and statements of the will.

→ Read More

I am afraid someone might challenge my will. How can I keep this from happening?

A will is such an important document that you’ll want to have a lawyer help you draft it. Even if you do not fear someone may challenge it, will protection is an important step to ensuring your wishes are carried out. If you tell the lawyer you suspect challenges, they’ll work extra hard and follow some standard protocols to ensure the execution of your will is entirely challenge proof.

→ Read More

What are will contests and how do I avoid them?

Most of the challenges to invalidate wills, or will contests, are made by potential heirs or beneficiaries who got little or nothing in the will. Challenges to the validity of a will must be filed in probate court within a certain number of days after the person making the challenge receives notice of the death or of the petition to admit the will to probate.

→ Read More

Will Contest Statute of Limitations

Statutes of limitations for contesting wills, or time limits for a will contest, depend on when the will was admitted to probate rather than on the date of the individuals death. There are other time limits that apply along the way throughout the process.

→ Read More

What happens when someone objects to a will?

Expert advice on how to handle a will contest. If someone files an objection to the will in probate court or produces another will, then what is known as a will contest will begin. While few people ever actually win a will contest, these contests can be extraordinarily costly and create incredible delays.

→ Read More

Will Contests

A will contest occurs when someone challenges a will and asks that it be thrown out as invalid. Although they are relatively rare, will contests do occur. They can only be brought by a person with standing – that means something to gain, such as inheriting a larger share of the deceased’s estate, or greater voice in managing the estate, if the will is found to be invalid and thus will not be admitted to probate.

→ Read More