Do you have questions about the legitimacy of your loved one’s will? If so, you might be considering probate litigation. Seeking to invalidate a will is done through the process of a will contest lawsuit. Before you file a lawsuit, you should know some basic things about the process first.
Challenging a will in court requires certain grounds for your argument to be successful. Keep reading for an overview of the legal reasons for challenging the validity of a will in Kansas.
1. Undue influence
It is normal for people to get physically and mentally weaker as they get older. Due to these natural occurrences, sometimes people can be influenced into writing things into a will based on pressure. Was your loved one susceptible to this type of influence? If so, you might be able to prove undue influence.
2. Lack of testamentary capacity
The person who creates a will is called a testator. He or she needs to fully understand his or her assets, who should logically inherit them, and meet the legal requirements of executing a will. If your loved one had signs of dementia and there is medical proof, you might be able to argue that the testator lacked the proper capacity to adequately execute the will.
3. Fraudulent procurement
If someone tricks the testator into signing the will, it was procured by fraud. For example, someone may ask the testator to sign a will disguised as another document such as a power of attorney or deed. If you suspect fraud, witnesses will need to testify about the experience.
Now that you know some legal reasons for challenging a will, you can decide the next step you want to take. Do you think you have a good reason to file a lawsuit? Consider the costs and benefits of challenging a will and speak to an estate planning lawyer if you need more assistance in evaluating your claim.