Evidence Needed To Contest a Will
A will is a legal document that distributes assets the way you have chosen after your death. There are reasons why you might consider contesting a will. For example, it could be fraudulent or not accurately reflect the deceased’s intent.
You may believe that the deceased was under duress when creating the will and therefore want to contest the will. When you want to contest a will, you should hire an experienced probate attorney at Vermillion Law Firm, LLC.
How To Contest a Will
Each state has its own rules regarding contesting a will. In addition, the reason why you are contesting the will dictates what evidence you need. To contest a will, you must fill out the forms in the state where the will is being probated.
You must go to the probate office to file the forms. The petition notifies both the court and the estate that you are contesting the will.
Evidence Needed to Contest a Will
You may want to contest a will because you were left out of it when you should not have been. For example, if you think that the deceased was not of sound mind when they created the will, that could be grounds for contesting a will. If you believe you have a valid reason to contest the will, you must gather evidence to support your statements.
The ultimate decision is up to the court if the will is valid based on your evidence. If you want to contest a will, contact a probate lawyer in Dallas to discuss your case and the necessary evidence. If you want to win your case, you must provide substantial evidence.
The evidence you need to provide depends on why you are contesting the will. One of the obvious reasons is fraud. If you can provide evidence that the deceased was bribed or the will was forged, immediate action can be taken.
Evidence for the Lack of Testamentary Capacity
Testamentary capacity is when a testator knows and has a full understanding of what they are doing while creating a will. It means that the testator knows their assets and to whom they want their asset to be distributed. When someone is not capable, they are not at fault when their will is not reflective of their desires.
You can contest a will due to a lack of testamentary capacity. Financial pressure is another reason why the testator may be under mental duress while creating the will. Those with limited education may also not completely understand what they agree to with their will.
Evidence for the Lack of Probative Value
Probative value is the weight evidence holds in court. When evidence lacks probative value, it doesn’t have much significance. This can be due to hearsay or the fact that it was obtained illegally.
Two types of evidence tend to have low probative value. First, the evidence is ex parte evidence which is evidence filed by only one person. The other type of evidence is parol evidence. These are oral agreements made outside of a will.
Ex parte evidence is gathered without the participation of all parties involved. Examples of this are testimony from family members who attended the deceased’s deathbed. In addition, parol evidence includes oral agreements made outside of the will, such as promises made by the deceased.
Evidence for the Undervalued Assets
A disappointed inheritance is an unusual but valid reason. This happens when someone intentionally undervalues an asset that is part of their will. For example, this could happen when a grandchild believes they are getting a large inheritance and finds it undervalued. That could provide a valid reason to contest the will. Financial records and evidence of property rights could be vital in this case.
Look for Legal Assistance When Contesting a Will
When you contest a will, you need a probate attorney in Dallas, TX, because it can be a lengthy process. Vermillion Law Firm, LLC, can provide a knowledgeable and experienced lawyer to help you work your way through the system and build a strong case.
Our firm is dedicated to providing quality estate planning resources. We will explain the options available to you and help you feel comfortable at every step when it comes to important issues concerning you and your family. Contact the Vermillion Law Firm LLC online or at 972-386-4560 for legal guidance regarding contesting a will or any other relevant or professional estate planning legal matter.