Challenge to a Will: Entities Allowed, Process Description
A will contest is a legal process that aims to invalidate a person's will and redistribute their assets. This court procedure can be initiated when someone disagrees with the allocation of assets as outlined in a will.
There are several triggers for a will contest. These include disinheriting a child or spouse, not leaving children equal shares, suddenly changing the will, putting conditions on inheritance, behaving in a way that suggests lack of mental capacity, and favoring a friend, charity, or another relative.
Contesting a will requires careful planning and legal expertise. One typically needs to hire an estate planning attorney, file a petition with the state probate court, and evaluate the characteristics of the assets in question. Challenging beneficiary designations on retirement accounts, pensions, insurance policies, or joint accounts may require suing the pension administrator, insurance company, or other party.
In some cases, contesting a trust may require filing a lawsuit instead of going through the probate process.
Having witnesses at the will execution can help demonstrate the testator's sound mind and intent. Handwriting the will can also show competence to a court. Recording the will on video can further demonstrate the testator's signing, sound mind, and lack of duress. Consulting a doctor the same day of will signing can provide testimony regarding the testator's mental competence.
It's important to note that courts typically don't allow will contests based on dislike of the inheritance. However, people who would have inherited something if the person died intestate (without a will) can contest a will, as can people who are beneficiaries of the person's current or previous will.
In Germany, heirs, legatees, and creditors have the legal right to contest the appointment of an executor.
Contesting a will can be a costly endeavour, considering attorney fees, court costs, and time value. A no-contest provision (in terrorem clause) in a will can result in the loss of inheritance for a beneficiary who contests the will.
Leaving a note explaining reasons for the will distribution can help clarify the testator's intentions. Using mean or spiteful language in a will could embolden heirs to contest it and potentially lead to defamation lawsuits. Having a backup will on file can help thwart a will contest if the primary will is deemed invalid.
In conclusion, understanding the potential triggers for a will contest and taking steps to ensure the validity of the will can help prevent disputes and ensure a smooth distribution of assets after death. It's always advisable to consult with a legal professional when creating or contesting a will.
