Tennessee PROBATE — Contestant Surety Bond for Will Contest is a type of surety bond that is required in the state of Tennessee when an individual is contesting a will in probate court. The bond guarantees that the contestant will pay court costs, executor fees, and/or other costs if the will is found valid. There are three types of Tennessee PROBATE — Contestant Surety Bonds for Will Contest: Contestant Surety Bond, Contestant Bond with Surety, and Contestant Bond with Joint Surety. All three bonds must be executed by an approved surety company.
Tennessee PROBATE - Contestant Surety Bond for Will Contest
State:
Tennessee
Control #:
TN-SKU-0551
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Word
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PROBATE - Contestant Surety Bond for Will Contest
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FAQ
In Tennessee, only some individuals can contest a will. These people include those who would have been entitled to a share of the deceased's estate; or someone who will stand to receive something in the deceased's will. For those who have the legal standing to challenge a will, they must prove the will is invalid.
In Tennessee, a person challenging a will must file a lawsuit with a court. If a person does not file his or her will contest lawsuit within the time required by the statute of limitations, in almost all cases, his or her will contest lawsuit will be forever barred.
The Will proponent??the person asserting the Will's validity??has the burden to prove the Will was duly executed. When a person challenges the validity of the Will, the burden shifts to the person challenging it, who is known as the contestant or caveator.
Ingly, courts will look to the laws governing wills to interpret forfeiture provisions contained in trusts. As you can see, contesting a will or trust can be complicated and quite risky. If you decide to proceed with a challenge, make sure that you have a qualified, experienced probate attorney on your side.
If a will was incorrectly executed, a court may invalidate it. Undue influence on the testator: When someone benefits by pressuring or intimidating a testator into signing a will ? that might not otherwise have been signed ? it's undue influence. If proven, undue influence may invalidate a will.
A person who is related to the testator, and who would have inherited from the decedent's estate had they died intestate (without having made a will), may have standing to contest a will. While they can legally challenge the will, this is no guarantee that they will prevail.