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.
Kentucky Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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Generally, any assets held in an individual's name only are subject to probate. Simply having a will does not control whether an estate must be administered through the probate courts. The amount of assets a person has and how they are titled determine whether probate is required.
What Is a Valid Will? A Kentucky will must be signed by two witnesses. The witnesses cannot be people who are beneficiaries of the will or whose spouses are beneficiaries of the will. The wrong witnesses can make a will invalid and change the amount received by beneficiaries.
Proving undue influence is complex, and the burden of proof is very high. You must prove that the person who benefited from the gift was in a confidential relationship with the decedent.
Commencing the will contest The only persons who can challenge a will are those persons who are named in the will, potential beneficiaries who received no share of the decedent's estate, and anyone not named in the will who has, but for the will, an interest in inheriting property as if a will did not exist.
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.
Children in Kentucky Inheritance Law Intestate Succession: Spouses & Children? If spouse and siblings, but no children and parents? 1/2 of personal property to spouse ? 1/2 of real property to spouse ? Balance split evenly among siblings? If children, but no spouse? Entire estate to children4 more rows ?
These clauses are also called in terrorem clauses because they are designed to strike fear into the heart of a beneficiary considering a challenge to the will. Under a no-contest clause, a beneficiary who unsuccessfully challenges the will in court loses their entire bequest (gifted to them in the will).