will contest


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will contest

n. a lawsuit challenging the validity of a will and/or its terms. Bases for contesting a will include the competency of the maker of the will (testator) at the time the will was signed, the "undue influence" of someone who used pressure to force the testator to give him/her substantial gifts in the will, the existence of another will or trust, challenging illegal terms or technical faults in the execution of the will, such as not having been validly witnessed. A trial of the will contest must be held before the will can be probated, since if the will is invalid, it cannot be probated. (See: will, probate, in terrorem clause)

References in periodicals archive ?
(59) Because the outcome of a will contest is often tremendously difficult to predict, especially when a beneficiary is claiming undue influence over an elderly or infirm testator, (60) this approach uses the probable cause standard (or a variant on it) to temper the harsh result of total disinheritance while respecting the testator's interest in discouraging litigation.
The firm has been representing many clients successfully in every form of estate dispute and will contest lawsuits.
However, several of her heirs at law filed a will contest. As part of that proceeding, around three years after Ellis's death, Bauman filed Ellis's 1964 will with the court.
to contest the validity of the will." A will contest, the court continued, is a fundamentally different action from a tort claim for intentional interference with expectancy of inheritance.
Furthermore, the court added, a will contest alone would not have provided Shriners with a full remedy because Shriners would not have been able to litigate its claims that Bauman had depleted Ellis's estate by unduly influencing her to transfer property to him.
It is important to note that the precise issue being decided by the Grooms court was whether the will contest had to be heard before the admission of the will to probate and the appointment of the personal representative.
[sections] 733.203(1) is designed to "flush out" a potential will contest before the probate process goes too far by providing that if the persons who are likely to have some interest in the validity of the will being offered for probate6 file a caveat, then the proponent of the will must notify them as "interested persons."
When the contents of Seward's will became known, the children instituted the will contest that David Margolick chronicles in his book.
The Seward Johnson will contest was a meritless claim that a well functioning legal system should have suppressed in short order.
Adult children are the most common claimants in Will contests. A sense of entitlement from adult children as beneficiaries should be challenged in community education as Will contests have a high economic, social and relationship cost.
Bonfield (law, New York Law School) was teaching courses in modern wills when a colleague suggested he do research on will contests in the past.
The fact that there were no manumissions by will contested before 1836 indicates a strong survival of the tradition of freeing concubines and children of free men, including whites.