In Pella, Iowa, 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."

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

If a massive 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.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause severe and irreversible damage to family relationships.

When Can a Will be Contested in Pella, Iowa?

There are many reasons that a court in Pella, Iowa might invalidate a will.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are usually made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Further, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Pella, Iowa, and held to be invalid, this normally results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Pella, Iowa Contested Will Attorney Help?

Contesting a will can be a convoluted, emotional, expensive, and time-consuming process. There is really no way around this. However, a brilliant Pella, Iowa wills and estates attorney can minimize these problems, and make the process as painless as possible.