When someone is disappointed with the way an estate is to be paid out under a Will, that person may contest the Will. The person contesting the Will must either be named in the Will and feel as though they should have been treated differently, or not named at all and believe they should have been named or would have been named if the person had died without a Will.
If this condition is met, the person contesting the Will must have a valid reason for challenging the Will. The three most common reasons for challenge are:
1. The Will is not technically correct (i.e. improperly witnessed or signed).
2. Reason to believe undue influence was placed on the person making the Will.
3. The person lacked the mental capacity necessary to make the Will.
The Probate Attorneys at Kallemeyn & Kallemeyn believe that Will contests are easily avoided, and take every precaution available to avoid any issue which might call a Will into question.
If there is any doubt about a person’s mental capacity, we obtain the opinion of a Medical Doctor establishing that capacity to understand was present when the Will was signed and witnessed. Claims of undue influence are avoided when our attorneys meet separately with the person making the Will, away from anyone attempting to exert undue influence at the time of the Will.
Contact Kallemeyn & Kallemeyn to ensure that your Will cannot be contested by anyone, or if you believe a Will should be investigated for any of these reasons.