by Gail Isley

Created on: December 03, 2008   Last Updated: December 12, 2008

Last Will and Testament's are contested when a person with a vested interest questions the validity of a Will. Contesting a Last Will and Testament could prevent the decedent's true last wishes from going un-noticed but unfortunately will bring the probate process to a screeching halt. Listed below are some key questions that will help beneficiaries understand the process of contesting a Last Will and Testament and some tips that will aid in the prevention of Will contests.

Who is a person of vested interest?

A person with a vested interest is either a person listed in the Last Will and Testament or a person that believes that had there been no Will; they would have been a rightful beneficiary of a portion of the decedents estate.

What is the Probate Process?

The probate process occurs when the decedent's estate is transferred to the rightful beneficiaries.
Items in consideration of transfer most often include property, money, vehicles and personal belongings.
However, items that already have a successor by contract are not considered in the probate process.

Most often there is a probate lawyer that handles the transfer of estate, however, a lawyer is not required but is recommended due to grief and unfortunate greed of beneficiaries. Probate lawyers know the process from beginning to end. Using probate lawyers will give the peace of mind that all transfers of estate will be handled accurately and timely.

It is during the probate process that Last Will and Testaments will be up for contesting by those of vested interest.

What are common reasons a Last Will and Testament may be contested?

Lack of mental capacity: This claim is made when it is believed the decedent was unable to make rational and legally binding decisions and considerations. An example of this would be someone with a disease such as Alzheimer's. Undue Influence: This is a valid reason to contest when a beneficiary believes that the decedent wrote their will under direct pressure, influence or force from another person.There is a more up to date will : Quite often wills are made and then later changed resulting in the original will becoming invalid. When this claim is made a newer will is usually presented for further investigation during the probate process.Fraudulent or wills not adhering to legal requirements: This is a solid reason used when it is believed that signatures on the document are not from the decedent or true witness's did not sign the document.
What are the tips that will aid in the prevention of a will being contested?

Type or neatly print so that the document is clearly legible.The person making the Will should clearly state their full name.State if this Will replaces any other existing wills and list the other existing wills.The person making the Will must be at least 18 and of sound mind and judgment when writing their Will.The will must have the owners original signature as well as original signatures of 2-3 witnesses that are not beneficiaries listed in the Will.List all belongings and the specific person that is to receive it.Give your Will to a trusted individual and make sure that it is up to date

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