It is feasible, in Milford, New Hampshire, 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, particularly if the testator's motives are not clear. They will frequently assume that the will must be a forgery, or a result of fraud or force.
If a large amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.
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 Milford, New Hampshire?
There are several reasons that a court in Milford, New Hampshire might invalidate a will.
For instance, a will obtained through duress (a threat of harm, usually 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.
A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.
If the contest is successful, a court in Milford, New Hampshire might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, usually passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Typically, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.
Can a Milford, New Hampshire Contested Will Attorney Help?
Contesting a will can be a difficult, emotional, expensive, and time-consuming process. There is really no way around this. However, a reputable Milford, New Hampshire wills and estates attorney can minimize these problems, and make the process as painless as possible.