If you believe that someone left you out of their Will improperly and you should have been entitled to receive something, then you want to be sure to review these aspects before going forward. Make sure any of these issues are satisfied before you spend a lot of time and money to contest a Will. Capacity - Was the Testator of sound and disposing mind at the time of signing their Will? Usually an attorney overseeing the execution of a Will asks the Testator if they know what they're doing and leads them through a series of questions in front of the witnesses that proves they know what they're doing. As an objectant, the burden falls upon you to prove they were not of sound and disposing mind. That means you must have proof that they either didn't know or understand what they were doing or can prove it through circumstantial evidence. Proper Exectution: The Will must be properly executed after a full review of its contents before at least two witnesses. If it has been overseen and taken care of by an attorney, there is a presumption that arises that it was properly executed. Unless you have proof to the contrary, you won't be able to successfully contest a Will. Remember, once an attorney has become involved, you must come up with some very powerful evidence to the contrary that the person did not have properly execute their Will to overcome it. Undue Influence: This means that someone other than the Testator imposed their will upon them in order to get them to give them everything from their estate through force, pressure, coersion or fear. For an object-ant to prove this, they must have substantial proof that shows this to be the case. So be careful before you start to bring a Will Contest because you have a heavy burden to bear to prove it.
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