In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Arkansas Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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How to fill out Petition Contesting Probate Of Will On The Grounds Of Mental Incompetence And Undue Influence?
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Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
They are: (1) a failure to comply with statutory procedures when making a will; (2) a person lacking the requisite mental capacity at the time of signing; (3) a person being subject to undue influence at the time of signing; and (4) the will or trust being produced as a result of fraud or mistake.
If a person challenges a will for undue influence and proves that the will was not the testator's true intent, then the court will usually determine that the will is not valid. If an earlier will is valid, the court might use that to distribute the property. In that case, the earlier will is ?revived.?
We're often asked, ?How can you prove undue influence?? Well, the evidence must support the elements of proving undue influence, which were stated above: Vulnerability of the victim. The influencer's apparent authority. The actions or tactics used by the influencer.
In the context of a will, undue influence is a situation in which someone manipulates or pressures the testator (the person making the will) into making decisions that they would not have made otherwise.
The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.
An In Terrorem Clause, also known as a ?No-Contest Clause?, provides that if an heir objects to the Will or Trust in court and loses, then that heir will not receive the inheritance devised to them under the estate planning document they challenged.
A will or trust can be declared invalid if undue influence was used on the deceased to obtain assets that would otherwise have gone to others.