Full question:
On what basis can a spouse contest a will of the deceased spouse when the deceased spouse has signed off his rights to share in the estate?
- Category: Wills and Estates
- Date:
- State: Kansas
Answer:
Under Kansas law, a spouse may contest a will even if the deceased spouse signed a waiver of estate rights. This is possible if the surviving spouse can prove that the waiver or agreement is invalid. Grounds for contesting may include:
- Lack of mental competency of the deceased spouse at the time of signing
- Undue influence exerted on the deceased spouse
- Failure to execute the agreement according to Kansas law
According to Kansas Statutes, a premarital agreement can cover property rights and obligations, including the disposition of property upon death (see Kan. Stat. Ann. § 23-802, § 23-804). If the surviving spouse believes the agreement is unenforceable, they may seek to have it set aside in court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.