Contested Wills in Anderson, South Carolina

Find the right Contested Wills attorney in Anderson, SC

Occasionally, family members of a recently-deceased person in Anderson, South Carolina will attempt to claim that a will is invalid, typically because it leaves them out of it. This process is called a "Will contest."

A will is typically contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, especially if the testator's motives are not clear. They will typically assume that the will must be a forgery, or a result of fraud or force.

If a considerable amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Anderson, South Carolina?

A court in Anderson, South Carolina will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

So, you've succeeded in contesting the validity of an Anderson, South Carolina will. What happens to the property that was going to be distributed according to its terms? Usually, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Consequently, the old will can be given effect.

Can a Anderson, South Carolina Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a knowledgeable Anderson, South Carolina attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Anderson

Anderson, South Carolina is the county seat of Anderson County. The city proper has a population of around 25,000 people, with the immediately-adjacent areas (generally considered part of the urbanized area of which Anderson is the center) bring the population of the area to around 70,000.

The economy of Anderson, South Carolina is based on manufacturing, and it is quickly becoming a major center for automobile manufacturing in the U.S., creating an economic boom which this region seriously needed. Furthermore, Anderson, South Carolina is a thriving business center that revolves around entrepreneurship, and it shows: Anderson is one of the premier shopping centers in its region, boasting a wide variety of locally-owned establishments, as well as larger chains, to meet everyday needs.

In any rapidly-growing community, individuals and businesses are almost certain to face a significant number of legal issues. It's just a fact of life. However, legal issues, while rarely fun, don't need to be as difficult as they often are. If you hire a good Anderson, South Carolina lawyer, things will go much more smoothly.

Anderson, South Carolina lawyers are prepared to handle a huge variety of legal issues, and whatever legal issue you might face, you can probably find an Anderson, South Carolina lawyer who can help you with it.

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