Contested Wills in Ogden, Utah

Find the right Contested Wills attorney in Ogden, UT

Occasionally, family members of a recently-deceased person in Ogden, Utah will attempt to claim that a will is invalid, usually because it leaves them out of it. This process is called a "Will contest."

Sometimes, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for instance). This might lead them to assume, correctly or not, that the will was a mistake.

If a large amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

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 Ogden, Utah?

There are many reasons that an Ogden, Utah court might hold a will to be invalid.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Usually, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

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 Ogden, Utah, 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 Ogden, Utah Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Ogden, Utah attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Ogden

Ogden is located in Weber County, Utah. It has a population of 82,825 people per the 2010 census. It is one of Utah's most important cities and in 2010, Forbes Magazine voted Ogden the sixth best place for families to settle in.

Ogden is known for its beautiful history and historic attractions. Such attractions include Bigelow-Ben Lomond Hotel, DaVinci Academy of Science and the Arts, Historic 25th Street, Eccles Avenue Historic District, Jefferson Avenue Historic District, the Junction, Peery's Egyptial Theater, Union Station, Snowbasic and Treehouse Children's Museum. As is obvious, Ogden is a great place for families to visit; there is something for everyone!

The legal force is also present in Ogden via various small firms and law offices run by competent attorneys practicing in any and every legal area of practice. Therefore, Ogden residents do not have to travel far to take care of their legal needs.

Some famous people who have called Ogden home include Hal Ashby, Val A. Browning, Wataru Misaka, Gedde Watanabe, Tanoka Beard, Byron Scott, Colby Bockwoldt, and Brent Scowcroft.

Overall, Ogden is a wonderful place for people to visit and families to call home!

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