It is allowed, in Devils Lake, North Dakota, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.
A will is usually 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 actually true or not.
However, this is a matter that should not be approached lightly - will contests can often foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.
When Can a Will be Contested in Devils Lake, North Dakota?
There are several reasons that a Devils Lake, North Dakota court might hold a will to be invalid.
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 typically 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. Also, 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 Devils Lake, North Dakota, and held to be invalid, this usually 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 Devils Lake, North Dakota Contested Will Attorney Help?
Contesting a will is often difficult, and never fun. However, the whole process can be made more bearable if you have the help of a qualified Devils Lake, North Dakota attorney, and the process will probably be much more manageable.