Conflicts often arise regarding the validity of a deceased loved one’s Will once the executor files it with the Court for settling the decedent’s estate. These disputes take many forms; however, the most common grounds for challenging the validity of a Will are the following:
- Undue Influence or Duress. This cause of action is presented by a beneficiary claiming that the Will at issue was created because another beneficiary exerted pressure and influence over the creator of the Will in order to force them to draft a Will that was favorable to that beneficiary to the exclusion of others.
- Lack of Mental Capacity. Based on a claim that the creator of the Will was not sufficiently competent at the time they created the Will and was unable to understand the meaning of the document and the assets that were disposed of through the document.
- Forgery or Fraud. This claim arises when a beneficiary alleges that the Will presented to the probate court is a fraud and was never actually signed by the supposed creator of the Will.
Hays Firm LLC represents both beneficiaries and executors in various types of probate-related litigation. If you are involved in a dispute regarding a friend or loved one’s Will or estate and have questions regarding your options, please don’t hesitate to contact Hays Firm LLC for a free consultation regarding the situation. You may contact the firm at (312) 626-2537 or via e-mail.