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    Tuesday
    Aug212012

    What are some reasons to challenge a Will?

    Probate Litigation

    Although a probate proceeding is supervised by the court, there is plenty of room for litigation (fighting in court) in probates.  Probate litigation can involve the following types of legal issues:

    1)      The decedent lacked capacity to execute the Will.

    2)      The Will was procured by the undue influence of others, fraud or duress.

    3)      The Will was not properly executed.

    4)      The Will was revoked.

    5)      The Will was executed based on a mistake by the testator.

    6)      The Will provides for an improper bequest to a disqualified person.

    7)      There are interpretation issues related to the Will.

    8)      There is an objection to the appointment of a particular personal representative.

    9)      The personal representative needs to be removed for breaching their duties.

    10)    There are objections to the accounting or acts of the personal representative.

    When considering have a Will prepared, be mindful of the items mentioned in the list above.  While no Will is ever "litigation proof," a great estate planning attorney will draft the Will with well thought out provisions and clarity to minimize the chances of litigation in the future.  

    Have questions you would like to see covered in this area? Or would you like to schedule a consultation? Contact me here. 

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