Estate Litigation

September 14, 2024

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Estate Litigation

Comprehensive estate litigation made easy by Mucci Law.

Contest or Defend a Will

You can question the validity of a Will. The grounds for a Will contest include incapacity of the testator, compromised intention, or fraudulent aspiration. If you have reasonable reasons to believe the Will is inaccurate, you may be able to challenge it, or you can defend a Will challenge if you believe the Will to be valid.

Prove Breach of Executor Duty

An executor must protect the interests of the beneficiaries at all times. If an executor prioritizes their own interests over a beneficiary, it would be considered a breach of their duties and you may be able to take action . Such an offense might lead to the removal of the executor.

Prove Improper Execution

Suppose a Will has not been signed in the presence of valid witnesses and in accordance with the law specified by the governing jurisdiction. In that case, it may be invalid for improper execution and we may be able to initiate a claim.

Estate Litigation FAQs

Here are answers to the most commonly asked questions on estate litigation:

Who can challenge a Will?
Any interested party, including but not limited to a beneficiary or a person who may inherit estate assets in the absence of the Will can submit a challenge. Note that valid grounds like testamentary incapacity or forgery of some kind must be reasonable to support a Will challenge.
Can a sudden change in the Will be grounds for a Will contest?
An interested person may challenge a Will but would have the burden to prove undue influence or some other reason to show the Will to be invalid. The procedure remains the same as any Will contest. We can make an official objection, and then the Will Contest process takes place to decide the validity of the Will.
How many witnesses are required for a valid Will?
Different jurisdictions have individual rules and guidelines on Wills, including instructions on witness requirements. While some jurisdictions require the signing of a Will in front of two witnesses, others may not require any witness. We can gather information on the respective jurisdiction to ensure how many witnesses are required for the Will.

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