In case you did not know, as most people are not familiar with the process of will contest, it is a formal process that involves the legal protest of a person's final words, testimony and will prior to his or her death. With the expert assistance of a good quality estate litigation attorney, if you find any issues in a person's final will after his or her death, you have the legal right to take it before a judge and pursue the matter legal to sort this matter out.

 

It is critical that you take the time to find out if you have a basis for pursuing this matter legally, that is why it is advised you conduct research first, and discuss it with an estate litigation lawyer ahead of time. Today we are going to highlight the key factors you need to be aware of before you pursue the legal context of a will.

 

 

For starters, you will need to find out and prove that the person responsible for proofing the will was incapable of mentally verifying its contents. As the person pursuing the will contest, it will be your responsibility to prove that the testator was mentally incapacitated or suffered from some type of mental illness when the will was being written or when he or she signed the will agreement. You will need to prove that the person who signed his or her will was incapable of mentally performing this action with a sound mind.

 

Second of all, if there were any mistakes made in the will or any alterations were made without the person's consent it is considered fraud. Forging any information is an action that will not be taken lightly in the court system. By consulting a will contest attorney, you can get the best help. You will need to provide proof when will contesting to show that fraud has been committed. There are also many cases where previous wills are presented, and newer wills are destroyed or kept under wraps, this is also considered to be an act of fraud. If you find yourself dealing with these circumstances, to get the old will to be considered void, all you have to do is provide proof that a new will exists.

 

Another way to contest wills is to prove the person was under the influence when creating the will or signing it. The one thing you must keep in mind when contesting wills is that you will always have to provide some degree of proof that an act of fraud was committed when the individual was creating his or her will.