In Freeport, Maine there are specific procedures authorizing certain people to challenge the validity of a will. This is identified as a "will contest" or "contested will."
Occasionally, testators leave out of their wills people who might naturally expect to inherit a substantial portion of the testator's estate (spouses and children, for instance). This might lead them to assume, truthfully or not, that the will was some kind of 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.
You should remember that a will contest frequently results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.
When Can a Will be Contested in Freeport, Maine?
A court in Freeport, Maine will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.
For instance, a will obtained through duress (a threat of harm, typically physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. Nonetheless, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.
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 legitimate will, the individual 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 a Freeport, Maine 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 Freeport, Maine Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a reliable Freeport, Maine attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.