Legal Basis
We’ve discussed the initial considerations for evaluating Will contests, such as the concept of “unnatural disposition,” the legal requirement of “standing,” and the impact of “no contest” clauses.
With those matters in mind, it is helpful to more specifically address the different potential issues that will lay the legal groundwork for a Will contest case.
The major issue in a Will contest centers around the validity of a Will and the elements that establish a Will’s validity.
Such elements include:
If there are problems with any of the above, and those problems can be proven, the individual who contests the Will has a persuasive case.