Contested Wills in New Berlin, Wisconsin

Find the right Contested Wills attorney in New Berlin, WI

The laws of New Berlin, 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 often 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 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 New Berlin, Wisconsin?

Courts in New Berlin, Wisconsin will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

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 New Berlin, Wisconsin, 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 New Berlin, Wisconsin Contested Will Attorney Help?

Contesting a will can be a complicated, emotional, expensive, and time-consuming process. There is really no way around this. However, a good New Berlin, Wisconsin wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in New Berlin

New Berlin, Wisconsin is a charming city situated between Madison and Milwaukee. New Berlin was ranked in the #34 of the Top 100 best Small American Towns to live in by Money Magazine. New Berlin is just under 37 square miles in size, and has twenty six parks in its city limits. It is no wonder that there is a high quality of life in New Berlin, and lots of outdoor activities for its residents and visitors to enjoy. Another aspect of New Berlin that makes it a top small town to live in is the professional community. New Berlin lawyers, for example are some of the best in the business and their wide range of specialties is a great resource for their community to take advantage of. In the summer, there are lots of outdoor concerts in New Berlin. New Berlin also has a highly ranked public school system, as well as great private schools. The New Berlin Industrial Park, composed of three business centers is a big part of the city's growing economy. With the range of activities and great location, it is no wonder New Berlin is such a great city to live in!

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