Picking up from where Grounds for Contesting a Will (Pt. 1) left off, below, we continue our discussion regarding how people can legally challenge a will in order to try to get part or all of it rendered void.
In addition to problems with how a will was executed and undue influence, another ground for contesting a will is:
With this ground for contesting a will, the claim will be that the decedent lacked the cognitive capabilities to develop and/or execute a will. Specifically, there has to be proof that the decedent:
In many cases, mental incapacity can mean that the decedent was battling some type of impairment like Alzheimer’s disease or dementia. It could also specifically mean that a person was legally insane or under the influence of powerful narcotics when the will was developed.
Of all the grounds for contesting a will, claims of mental incapacity are usually the most successful, especially when they are initiated by a surviving spouse.
If you are considering contesting a will, it is also important that you realize that:
Do you need help contesting a will? Or do you need assistance developing a will that will not leave any room for challenges after your passing? If so, you can turn to the will contest and estate planning lawyers at Phillips & Blow, PC. We provide a thoughtful, comprehensive approach to our clients’ various legal needs, and we can help them effective contest wills that may be fraudulent or invalid.
Our goal is to help our clients efficiently navigate the complexities of the law so they can develop effective, prudent solutions that will protect them, their assets and their families in the future.
We can discuss your estate planning needs and different options during our consultation. To schedule this meeting, call us at (303) 713-9147 or email us using the contact form at the top of this page.
From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village, Englewood, Centennial, Wheat Ridge, Golden and Arvada.