Occasionally, family members of a recently-deceased person in North Charleston, South Carolina will attempt to claim that a will is invalid, usually because it leaves them out of it. This process is called a "Will contest."
There are several reasons why a person might want to contest a will made by a close family member. Sometimes, people will decide to leave money or property to charity, or to other entities who are not closely related. If their family members weren't expecting this, they might assume that something went wrong with the drafting of the will.
If there is a large amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.
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 severe and irreversible damage to family relationships.
When Can a Will be Contested in North Charleston, South Carolina?
A court in North Charleston, South Carolina will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.
For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.
A will can also be rejected 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 example) at the time the will was made, the will can still be invalidated.
If a North Charleston, South Carolina will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, 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 North Charleston, South Carolina Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a good North Charleston, South Carolina attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.