In Fergus Falls, Minnesota there are particular procedures permitting certain people to challenge the validity of a will. This is recognized as a "will contest" or "contested will."
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.
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 grave and irreversible damage to family relationships.
When Can a Will be Contested in Fergus Falls, Minnesota?
A court in Fergus Falls, Minnesota 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.
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 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.
If a Fergus Falls, Minnesota will is successfully challenged and thus 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.
Can a Fergus Falls, Minnesota Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a seasoned Fergus Falls, Minnesota attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.