The laws of Reedsburg, Wisconsin authorize certain people to challenge, or "contest" the validity of a will.
A will is normally 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 frequently assume that the will must be a forgery, or a result of fraud or force.
If there is a massive 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.
You should remember that a will contest commonly results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.
When Can a Will be Contested in Reedsburg, Wisconsin?
Of course, a Reedsburg, Wisconsin court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.
To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are usually made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Further, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.
Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.
If a Reedsburg, Wisconsin will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, 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 Reedsburg, Wisconsin Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a seasoned Reedsburg, Wisconsin attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.