It is possible, in Rye, 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, especially if the testator's motives are not clear. They will often 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 reasonably 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 expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.
When Can a Will be Contested in Rye, New Hampshire?
There are several reasons that a court in Rye, New Hampshire might invalidate a will.
For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.
Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.
So, you've succeeded in contesting the validity of a Rye, New Hampshire will. What happens to the property that was going to be distributed according to its terms? Generally, 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." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically 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. Therefore, the old will can be given effect.
Can a Rye, New Hampshire Contested Will Attorney Help?
Because a will contest can sometimes involve complicated legal and factual questions, as well as some very raw emotions, a skilled Rye, New Hampshire attorney can be invaluable in helping this process go as smoothly as possible.