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Lastwill

Contesting A Will?

A will is a document written and signed by the deceased with the attestation of witnesses. It is the document that specifies how the beneficiaries should distribute the property among themselves. It should now be clear that probate litigation is nothing but “contesting a will.” A will can be contested on various grounds.

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Common reasons to contest a will

  • Some of the beneficiaries are not given an inventory of the property
  • Claims of undue influence
  • Only one of the beneficiaries has been granted full benefits
  • Differences of opinion over guardianships and conservatorships
  • One of the beneficiaries failing to do his or her fiduciary duties
  • Details about the creditors not disclosed
  • Dispute as to who can take over as the personal representative
  • Case evaluation, ethical issues, and the recovery of trustee and attorney’s fees in litigation

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