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Will Contests

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Will Contests

Need an attorney for a will contest in Las Vegas?

A will is an important legal document by which an individual (the testator) names one or more people to administer their estate, as well as providing for the distribution of property upon his or her death. While an individual can draft a will with or without an attorney’s help, most states mandate that a will meets certain requirements in order for it to be considered legally enforceable; for example, the testator must clearly identify himself or herself as the creator of the will, the testator must demonstrate that he or she is of “sound mind” and has the mental capacity to dispose of his or her property, the testator’s signature must be at the bottom of the will, and in many states the testator must sign and date the will in the presence of two witnesses who are not beneficiaries.

Contesting the Validity of a Will

Even when all necessary requirements are met and a will is presumed valid, it is not uncommon for one or more objections to arise about the validity of such will. When someone has a formal objection against the validity of a will as to the actual intent of the testator, this formal objection is known as a will contest.

A will contest generally arises when a beneficiary believes the testator either lacked testator capacity, was operating under undue influence, insane delusion or fraud. An individual can challenge the entire will or they can challenge one or more parts of it. There are basically two categories of individuals who contest the validity of a will and these include those who are named in the will (beneficiaries) and those who stand to inherit from the testator if the will proves to be invalid. The most common ground for contesting a will include:

  • Lack of mental capacity or testamentary capacity
  • Insane delusion
  • Duress
  • Fraud
  • Undue influence

If you wish to contest a will or otherwise have an issue that requires legal assistance regarding a will, trust or probate matter, we urge you to contact a Las Vegas probate lawyer from The Law Offices of Brian C. Tanko right away. With over 18 years of experience handling will contests and probate matters, attorney Tanko can provide you with the legal guidance and representation you need to address your situation effectively and find a resolution!

Need to contest or defend a will? Contact our office right away to schedule a free consultation with attorney Tanko!