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.
Tennessee 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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An interested party who wants to challenge a Will must have a valid legal reason to do so. The grounds for challenging a Will can include: The Will does not comply with the state's legal requirements by, for example, not having enough witnesses or having a witness that was also a beneficiary. Ambiguous provisions exist.
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.
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.
In terrorem clauses, sometimes called no-contest or forfeiture clauses, are used in wills to keep beneficiaries from contesting the will by either completely disinheriting them from any share, or reducing their share to a nominal amount.
Undue influence occurs when a person puts pressure on someone to make changes to his or her will to benefit the influencer. For example, the person may persuade the testator to remove a family member from the will, so he or she can receive that family member's share.
Grounds for Contesting a Will in Tennessee The Will does not comply with the state's legal requirements by, for example, not having enough witnesses or having a witness that was also a beneficiary. Ambiguous provisions exist. The Will was revoked. A new Will exists.
Incorrect execution of the will: Wills in Tennessee must be in writing, signed by the individual making the will (the ?testator?), and witnessed and signed by two witnesses. If a will was incorrectly executed, a court may invalidate it.
To prove an undue influence case typically requires that a lawyer convince the jury or judge of the undue influence using only circumstantial evidence since, in most cases, the person who owned the assets or made the will has passed away and is not able to testify.