Occasionally, family members of a recently-deceased person in Millersville, Tennessee will attempt to claim that a will is invalid, normally 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 the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the basic reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.
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 Millersville, Tennessee?
Of course, a Millersville, Tennessee court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.
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.
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 Millersville, Tennessee, and held to be invalid, this normally 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 Millersville, Tennessee Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a brilliant Millersville, Tennessee attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.