Contested Wills in Provo, Utah

Find the right Contested Wills attorney in Provo, UT

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

Occasionally, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.

If a considerable amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.

When Can a Will be Contested in Provo, Utah?

There are numerous reasons that a Provo, Utah court might hold a will to be invalid.

For instance, 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. Thus, 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.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If the contest is successful, a court in Provo, Utah might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, typically passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Normally, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Provo, Utah Contested Will Attorney Help?

Because a will contest can sometimes involve difficult legal and factual questions, as well as some very raw emotions, a skilled Provo, Utah attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Provo

Provo is the seat of Utah County and third largest city in Utah. With 119,000 Utah residents, Provo is popular Salt Lake City professionals and winter vacation homes alike. Brigham Young University, the largest Missionary Training Center for the Church of Jesus Christ of Latter-day Saints, and the 2002 Winter Olympics' Peak Ice Arena are all located in Provo bringing a distinctly unique mix of people to the area. Provo is the second largest metropolitan area in Utah next to its close neighbor Salt Lake City that is just 43 miles North. Provo is also the seat of Utah County meaning it plays host to a number of different facilities such as the Utah County Courthouse. Many Utah lawyers call Provo home because it's home to so many courts and near to Salt Lake City. Provo lawyers can help you sort out whatever legal question or issue you may possess.

The annual Sundance Film Festival brings lots of people to Provo and showcases some of the best films of the year. Forbes rated Provo in the top 10 places to raise a family. Additionally, the city has been celebrated as one of the best places to retire, an enticing city to live and play, and National Geographic Adventure dubbed Provo a "cultural hub." The Provo City Library at Academy Square has an extensive selection of more than 280,000 media enclosed with the walls of the former Brigham Young Academy. It was built in 1892. The Covey Center for the Arts shows plays, operas, and other performances all year long. For business, the Utah County Convention Center hosts a lot of events like technology conventions and parties.

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