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.
Kansas 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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A valid will in Kansas must be: In writing. Signed at the end by the person making the will (testator) or by someone else in the presence of and at the express direction of the testator. Signed by two or more competent witnesses who saw the testator sign the will or heard him or her acknowledge the will.
You can only trigger a will contest in Kansas if you have standing, such as would have been a beneficiary in a previous version of the will or named in the will already, or would have been able to inherit property if the will was not in existence.
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.
The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the ?testator? or ?testatrix?, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...
Improper Execution A will must be executed properly in order to be considered valid. This means that the person making the will must sign it in the presence of witnesses, who must also sign the will in the presence of the person executing the will. If the will was not executed properly, it may be declared invalid.
Filing must happen within 6 months after the date of death. Persons having knowledge and access to a will may offer it for probate at any time within the 6 months following the death.
Undue influence isn't just about someone getting their way by expressing their opinion. It's about a person in a position of power manipulating someone who is vulnerable in a way that takes away the vulnerable person's free will.
If there are assets to be distributed under the will, the family must file the will for probate with the Court. This involves hiring an attorney to provide the proper paperwork and instruction in the process.