The laws of Menomonee Falls, 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, particularly if the testator's motives are not clear. They will usually 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.
As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.
When Can a Will be Contested in Menomonee Falls, Wisconsin?
Courts in Menomonee Falls, Wisconsin will not let a person contest a will unless they have an excellent reason. There are, nonetheless, some allegations which will always invalidate a will, if they are proven.
For instance, 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 denied 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 instance) at the time the will was made, the will can still be invalidated.
If a Menomonee Falls, Wisconsin will is successfully challenged and thus 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 Menomonee Falls, Wisconsin Contested Will Attorney Help?
Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A reputable lawyer in Menomonee Falls, Wisconsin can be very helpful in making sure that this process goes as smoothly as possible.