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.
New Mexico Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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FAQ
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.?
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.
To contest a will in New Mexico, you must have a valid reason for doing so. To prevent the filing of erroneous claims, the state, like most others, has established legal grounds for contesting a will.
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.
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.
Undue influence is a form of abuse that coerces and/or manipulates an individual into making legal or financial decisions against their interests and against their original intent.
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.
Probate can be filed any time between 5 days and 3 years after the decedent's death. Note: A probate case may be filed after the 3 year period for the limited purpose of transferring title to real property from the decedent's name to the decedent's heirs.