A death in any family can be a hard time but experienced Palm Beach probate litigators know that the reading of the will can mean the fighting intensifies. Do you know why? Family feuds are an unfortunate side effect as a person’s entire life savings and assets are divided up. If things get to be to heated often times one party will contest the validity of the will in West Palm Beach probate court. Do you know how to defend against a will contest? Are you prepared for the scorched earth litigation of a family member? Check out what happened in this recent case out of the Second District Court of Appeals in Illinois.
West Palm Beach Will Contest
- A will contest is a judicial procedure used by litigants to set aside a will that is invalid.
- It can be invalid for a number of reasons for example it may lack certain formalities necessary for a will.
- Do you know about the formality requirements of a West Palm Beach will?
- You better have two attesting witnesses and your own signature to start but is that all?
- No a will can also be set aside because it was procured unlawfully for example by fraud, duress or undue influence.
- It may also be a result of lack of testamentary capacity do you know what that means?
- A will signed by someone who is not competent cannot in good faith stand as the way all that property will be distributed, the courts are simply not willing to let that happen.
- They prefer the person die intestate rather than operate under a will that was made when a party was not competent.
- Do you know how to get what you want out of your West Palm Beach will contest?
- Sometimes it takes fierce litigation check out this case out of Illinois.
In re Estate of Brewer
- Sometimes a litigant will just throw whatever they have at a case and hope it sticks.
- That is kind of what happened here.
- The testator’s heir filed a petition to contest the validity of the will, asking the court to declare the will invalid and to find that the testator died intestate.
- The litigant also wanted the court to revoke an order appointing the brother as executor, to then appoint an administrator and to order supervised administration of the estate.
- Do you know what supervised administration is?
- Anyways this file all approach did not work to well the motions were all dismissed.
- That did not stop her from appealing and losing.
- If you want to challenge a will successfully you are going to need a game plan are you prepared?
Want to learn more?
Check out the entire case by clicking here.