In this video, John Lockhart, Senior Partner lawyer with Tannahill Lockhart & Clark Law, provides important information about when you need to consider challenging a Will or Power of Attornery and why that is important.
When you contest or challenge a Will you are in effect raising a formal objection against the validity of the Will based on the contention that the will does not reflect the actual intent of the testator (the party who made the Will) or that the Will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion or was subject to undue influence or fraud.
A Will may be challenged in its entirety or in part. Courts and legislation generally feel a strong obligation to uphold the final wishes of a testator, and, without compelling evidence to the contrary, the law presumes that a Will is valid and accurately reflects the wishes of the person who wrote it. Despite the grief that follows the passing of a loved one, and the emotional feelings those affected experience, there are many circumstances in estate litigation when contesting a Will may be the appropriate course of action.
Over the years our law firm has helped hundreds of clients with their Wills and Estate planning including guidance and direction on choosing an Executor and detailing the responsibilities of someone in that role. Contact us if you have a legal issue or visit our office to meet with us.
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