In American Falls, Idaho, there is a process through which a person can challenge the validity of a will. This is recognized as a "contested will" or "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 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.
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 American Falls, Idaho?
There are numerous reasons that a American Falls, Idaho court might hold a will to be invalid.
One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Normally, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.
Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be honestly voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.
There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in American Falls, Idaho, 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 American Falls, Idaho Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a seasoned American Falls, Idaho attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.