During the probate process, an interested party canchallenge a will, or contest the validity of a will. In order for someone to successfully challenge a willand have the will declared invalid, they must prove that there was a problemwhen the will was created. There are specific legal formalities and requirementsfor a will to be valid. If theseformalities are not present, the will likely be challenged, further delayingthe probate.
A will may also be declared invalid if it was made underconditions of duress, undue influence, or fraud. This would mean that theperson who made the will had been somehow coerced or tricked into creating thelegal document. Sometimes, as people get older, a caregiver or a new spouse mayimpose a lot of pressure on that person to alter a will. This could be a casewhere other family members argue the will shouldn’t be valid because the personwho created it did not decide freely and of his own accord to make the will. Ifthe person who made the will was not of sound mind at the time when the willwas created, this is another example of a situation where the will could bedeclared invalid.
It is the obligation of the person who is contesting a willto prove why it should be declared invalid. Parman & Easterday can help to prepare solid legal arguments for whya will shouldn’t be probated because there was a problem in its creation.
