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What is a Will Contest?
We offer will contests as a service at Chatuge Elder Law. Here are some facts and fallacies about will contests:
Fact: The window to contest a will is short.
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The window to contest a suspected fraudulent will is short: the contest must be filed with the probate court before the scheduled proceedings to review the will take place.
Fallacy: A will cannot take preventive steps to prempt a will contest.
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It is possible for an individual to add an "anti-contest" provision to their will, which makes bequests to a beneficiary conditional upon the lack of a contestation of the will.
Fact: A will can be contested for reasons other than it being suspected fraudulent.
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Briefly, there are grounds for a will contest if:
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The individual (testator) signing the will was insane or impotent at the time the will was signed.
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The will was improperly witnessed or signed.
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The testator was subject to undue influence.
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The will offered to the court was revoked or canceled by the testator.
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