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.
Utah Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
Instant download
Description
Free preview
How to fill out Petition Contesting Probate Of Will On The Grounds Of Mental Incompetence And Undue Influence?
If you want to comprehensive, acquire, or printing legitimate document templates, use US Legal Forms, the largest selection of legitimate varieties, which can be found on-line. Take advantage of the site`s simple and convenient research to obtain the papers you need. Numerous templates for organization and specific functions are sorted by categories and states, or key phrases. Use US Legal Forms to obtain the Utah Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence in a number of click throughs.
If you are presently a US Legal Forms buyer, log in for your bank account and then click the Download switch to find the Utah Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence. You may also accessibility varieties you previously acquired inside the My Forms tab of your bank account.
If you work with US Legal Forms the very first time, refer to the instructions below:
- Step 1. Be sure you have chosen the shape to the correct area/country.
- Step 2. Make use of the Preview solution to examine the form`s content. Never forget about to read the information.
- Step 3. If you are not happy with the kind, use the Search discipline on top of the display screen to find other models in the legitimate kind design.
- Step 4. Once you have located the shape you need, select the Acquire now switch. Opt for the pricing program you prefer and include your qualifications to sign up to have an bank account.
- Step 5. Process the financial transaction. You may use your charge card or PayPal bank account to perform the financial transaction.
- Step 6. Find the formatting in the legitimate kind and acquire it in your product.
- Step 7. Full, edit and printing or indicator the Utah Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence.
Each legitimate document design you get is the one you have forever. You may have acces to every kind you acquired within your acccount. Click on the My Forms segment and choose a kind to printing or acquire yet again.
Be competitive and acquire, and printing the Utah Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence with US Legal Forms. There are thousands of professional and express-certain varieties you can use for the organization or specific requires.
Form popularity
FAQ
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.
In Utah, undue influence is most often found when the testator ? the person whose will it is, and the beneficiary ? the person who is taking something under the will have a confidential relationship, like an attorney and their client. Estate of Jones v. Jones, 739 P.
To contest a will, you will have to file a special pleading in the probate court to object to a petition for probate. This will result in the executor and all the surviving heirs being summoned for a proceeding. There is no right to a jury trial, instead, the trier of the fact will be the court.
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.
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.
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.
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.