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.
District of Columbia 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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Valid legal reasons to contest a will include: Lack of testamentary capacity when the decedent wrote the last will and testament. Fraud or someone exerting undue influence over the testator. Insufficient or inappropriate witnesses.
To prove undue influence, demonstrate these four elements: 1) The victim's vulnerability, 2) The wrongdoer's apparent authority, 3) The specific tactics and actions exerting influence, and 4) Evidence of the resultant change in the victim's decisions due to the influence.
Examples of how undue influence is perpetrated in this manner may involve: Simple harassment and emotional abuse/blackmail (like a child telling an elderly parent they won't be allowed to see their grandkids in order to influence the terms of the Will)
The American Bar Association explains the four elements of undue influence you must establish. Vulnerability of the victim. For undue influence to apply, you must prove that the victim was excessively vulnerable. ... Influencer's authority. ... Overt tactics. ... Inequitable results.
An example of presumed undue influence would be in the case of elder abuse- whereby a will created by a dependent elderly person identifies their daily caregiver as a key beneficiary. Where this person stands to receive substantial amounts of money or benefit from the will, a presumption of undue influence may arise.
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.
Next, file the Will by taking it to the D.C. Superior Court Probate Division. Under D.C. law, the Will must be filed within 90 days of the death of the decedent.
Complaint to contest the validity of a will. Except as provided in section 20-353(b) , any person may file a verified complaint to contest the validity of a will within 6 months following notice by publication of the appointment or reappointment of a personal representative under section 20-704 .