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.
Delaware 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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It is very difficult to prove undue influence. What we hope to do, if possible, is to shift the burden of proof. So, in every case, there's one side that has to prove that they are right and the other side that is presumed to be right from the beginning.
Potential Outcomes of Contesting a Will If, on the other hand, you challenge the validity of the Will on other grounds (e.g., undue influence, the Will was not executed properly, fraud, lack of capacity), there are a few possible outcomes of a successful case.
There are other ways you can challenge what the will says The will-maker wasn't mentally capable when or they made the will. ... Someone unduly pressured or influenced the will-maker. ... There was a mistake in the will. ... The will-maker revoked (that is, cancelled) their will. The language used in a will is vague or uncertain.
RC 2107.71 states that any interested party may file a civil action in the Probate Court to contest the validity of a will (including a codicil) that has been admitted to probate and that also (a) has not been previously declared valid through a pre-death validity proceeding, and (b) was thereafter retained for ...
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.
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.
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) or that the will is otherwise invalid.
In Ontario, a person can challenge a will if they have a credible financial interest. Spouses and dependents are allowed to contest a will, especially if they were financially dependent on the deceased. Similarly, you can challenge a will if the deceased had a legal or moral obligation to support you.