Home Add to Favorite Contact Submit  
             20 March, 2023

Category:  Articles » Reference & Education » Legal


Where There's a Will, There May Be a Contest

         Views: 2161
2008-08-04 05:08:09     
Article by Lance Sharp

Generally speaking, when people make out a will, they want certain things done with their estate. They include certain wishes and desires they want carried out when they pass on. In most cases, wills pave the way for the smooth disposition of an estate, but in other cases there are major problems.

When there are problems with a will, they may arise due to family conflicts and/or possibly problems for the beneficiaries. Where an estate is the subject of controversy and there are numerous assets to disperse to multiple beneficiaries, always retain the services of a qualified attorney. The estate doesn't have to be a big one for a dispute to arise. These situations are never easy to resolve, and this area of law is a complex one best dealt with by attorneys who know what they are doing.

There are two ways to contest a will. The first way is to take exception to whoever is applying to Probate Court to be the executor or administrator for the estate. Some of the reasons may have to do with the person's qualifications to serve in that position, or the person may have a criminal record which would disqualify them.

It's important to understand the distinction between challenging the executor and challenging the will itself. Challenging the executor is not disputing the terms of the will. It simply means the challenge is being instituted because the family has questions/concerns about the potential executor's abilities etc.

Challenging the will and its validity usually centers around the family disputing whether the will is actually the correct one. In cases like this there are several contests that an attorney well versed in this area can implement. The first one is revocation of the will and that simply means there is a more recent copy of the will (the old one being revoked) rather than the one being offered for probate.

A trickier challenge is lack of capacity. This means the person who wrote the will wasn't mentally competent to do so. If lack of capacity is successfully proved, the will is automatically considered invalid. A co-companion to this category of contests is the undue influence challenge.

With undue influence, the contest is that the person did not write it of his own free will. This can happen when mental incapacity is present or if a person was under the influence of drugs etc. The law states that the person who wrote the will must have done so with the intention to create a will, and that the instructions in it are definitely his. If someone can prove the person was forced into writing something that didn't outline his express intentions, the will is invalid.

Don't risk trying to contest a will on your own. The legal ins and outs are far too complex to take the chance of losing what you consider to be your rightful inheritance. Consult with a qualified attorney.

Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com

Specialized in: Austin Personal Injury Lawyers - Austin Injury Lawyers - Austin Personal Injury - Austin Wrongful Death Lawyers - Austin Accident Lawyers - Austin Brain Injury Lawyers
URL: http://www.sharpfirm.com
Print article      Bookmark this page
Related Articles 
A Guide for Veterans Searching for a Highly Experienced Mesothelioma Lawyer (Popularity: ): U.S. veterans are at risk for developing mesothelioma. This is a condition resulting from exposure to asbestos. There are many other dangers associated with asbestos exposure, something that asbestos manufacturers did not reveal. In this short guide, you’ll learn more about this condition as well as how to choose the right mesothelioma attorney to help you file a claim or lawsuit.The Use of Asbestos by Branches of the United States ...
Typical Cases Handled by Accident Lawyers Pennsylvania (Popularity: ): Accidents are often caused owing to negligence or disregard for others’ safety. If you are a victim of such an accident, getting timely medical and legal help is of utmost importance. Accidents can be of many types. Sometimes, accidents that seem like minor ones could lead to serious physical damage and monetary losses. Accident lawyers Pennsylvania can help you deal with all the issues arising from an accident, especially one ...
How To Write Winning Law School Personal Statements (Popularity: ): After weighing academic performance, law schools are most interested in assembling a class of interesting people. In this sense, their criteria are broader than those used by business or medical schools, whose applicants face more clearly defined expectations. Unfortunately, law school applicants often find this freedom intimidating rather than encouraging.Too often writers resort to a safe route, and it should be obvious why such an approach would prevent them from ...
Accident at Work Compensation – Who Will Pay (Popularity: ): There is a very detailed list of laws in the UK concerning health and safety in the workplace. These laws are given by the HSE or the Health and Safety Executive which controls the access and utilisation of dangerous materials, equipment handling and noise related issues in the workplace. If your employer fails to uphold these laws then they are accountable to give accident at work compensation to the injured ...
Things to Avoid While Filing Whiplash Claim Compensation Requests (Popularity: ): Most claimants are aware of the things that they need to do while filing a whiplash claim compensation request but many claimants are not aware of the few things that must not be done. This article will elaborate on a few things that can cause your whiplash claim compensation request to be denied immediately. Never admit liability. Although it may seem instinctive to apologize for the accident and claim liability, ...

Related Business 
Population Education Writing Contest (Popularity: ): Contest winners and their entries. The next contest will be in Fall 2003, at www.populationconnection.org/education.
National Oldtime Fiddlers' Contest and Festival (Popularity: ): Held the third week in June in Weiser, Idaho, fiddlers compete for top honors. Site gives past contest winners, history of fiddling, photos, schedule, activities, maps, contest entry, ticket information, product ordering, and area attractions.
Stuff 2India (Popularity: ): On this fathers day Maruti suzuki announced a new contest in which you can win Assured prizes in I LOVE MY DAD CONTEST Win cool prizes Tshirts, cap for free if you want to participate in this contest you have to upload cherished moment picture with your father and write a slogan in 10 words.
John Lennon Songwriting Contest (Popularity: ): Information on entry and requirements of this annual contest.
The Backwaters Press (Popularity: ): Poetry collections through an annual contest. Includes contest guidelines and catalog.
Contest World (Popularity: ): Free contest listings in the online directory.
Contest-Timer.com (Popularity: ): Surfing contest timing systems as used by the ASP.
Physics Balsa Bridge Building Contest (Popularity: ): Records, rules and tips for this 20+ year old contest along with hundreds of photographs of bridges.
Machine Contest (Popularity: ): Offers a biography, contest and images.
World Body Building Association (Popularity: ): Home of the Mr. and Mrs. America Contest. Site offers contest results, photos and schuedules.