The laws of Cudahy, Wisconsin allow certain people to challenge, or "contest" the validity of a will.
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 typically assume that the will must be a forgery, or a result of fraud or force.
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.
Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.
When Can a Will be Contested in Cudahy, Wisconsin?
A court in Cudahy, Wisconsin 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 Cudahy, Wisconsin 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 Cudahy, Wisconsin Contested Will Attorney Help?
Because a will contest can sometimes involve convoluted legal and factual questions, as well as some very raw emotions, a skilled Cudahy, Wisconsin attorney can be invaluable in helping this process go as smoothly as possible.