Contested Wills in Booneville, Arkansas
In Booneville, Arkansas, there is a procedure through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."
A will is normally 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 lot of money, or some particularly valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is really true or not.
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 Booneville, Arkansas?
There are several reasons that a Booneville, Arkansas court might hold a will to be invalid.
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.
A will can also be rejected 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 example) at the time the will was made, the will can still be invalidated.
If a Booneville, Arkansas will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.
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Can a Booneville, Arkansas Contested Will Attorney Help?
Because a will contest can sometimes involve confusing legal and factual questions, as well as some very raw emotions, a skilled Booneville, Arkansas attorney can be invaluable in helping this process go as smoothly as possible.