There are many times when people learn that a loved one has passed, and then discover that the Will they left behind wasn’t exactly what they were expecting. If you thought that you were going to benefit more than what you did, or if you think that something isn’t right about the Will, then you may believe that you should contest it.
Contesting a Will is not always as easy as you think that it may be. A judge is not just going to throw out a Will because you did not like what it said. Instead, there needs to be certain things that are wrong about the Will in order for the judge to consider throwing it out. Contesting a Will can be a very difficult as well as very costly. There are a few things that can overcome the presumption that a Will is valid.
The Will needs to be signed in accordance with state laws. In Nevada there are certain laws that need to be followed when a Will is being signed. The person signing the Will needs to be the one for whom the Will was created, and that person needs to sign in front of two witnesses. If this does not happen, then a Will can be contested for not being executed properly.
The person signing the Will needs to have the capacity to sign the Will. The capacity of the person signing the Will involves: understanding the nature and value of his or her assets; it states who should logically inherit the assets; and understanding the legal effect of signing the Will.
The person signing the Will did so on his or her own accord. If a person is unduly influenced into signing the Will then the Will can be contested. If the person signing the Will was under severe duress, then they would not have had the free will in signing the Will. It is difficult to prove that a person signed a Will under duress, so it would be best to consult the attorneys who drafted the Will.