Full question:
My mother was always fond of me, and had repeatedly mentioned, even in the presence of a few of our relatives, that she’ll be leaving her home, jewelry, and an automobile to me. My elder sister always had difference of opinions with our mother, and was not even visiting her for a few years. I was staying near my mother’s home, and ran errands for her. A few months back I had to relocate to a distant place due to a job change. My elder sister turned up, and started staying with our mother. Now, our mother’s will have left my sister the home, jewelry, and the automobile. Can I contest the will or declare it invalid?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: National
Answer:
To contest a will, you must have standing, which typically includes being named in the will or being someone who would inherit if the will is invalidated. Wills are considered the final wishes of the person who made them (the testator), and challenging them is often difficult.
Common reasons to contest a will include:
- Improper execution: If the will wasn't signed according to state law.
- Lack of testamentary capacity: If your mother didn’t understand her assets or who her beneficiaries were.
- Undue influence: If someone pressured your mother into changing her will.
- Fraud: If the will was created through deceit.
- Later will: If there’s a more recent will that invalidates the one in question.
Contesting a will can be complex and may involve significant costs.
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.