Did you know when
the court may reject
a Decedent’s Last Will and Testament?
There is a deadline for a person or family member to dispute a will and question its validity or the claim is barred. However, knowing the basis for a proper challenge is just as important as ensuring that crucial timelines are met. We use in-depth knowledge of the law and skills in probate lawsuits to achieve results.
Grounds for Will Contest. You must have legal grounds supported by evidence in order for the Probate Court to consider rejecting a will. A contestant may challenge a will in Nevada on numerous grounds:
Undue Influence. Proof that another person exercised control or coerced the testator into executing a will as a result of improper pressure exerted on him or her. Undue influence may be presumed in certain situations. A careful analysis of the circumstances surrounding the execution of the Will is necessary when considering a Will Contest on the basis of undue influence.
Incapacity. A period will can be declared void if a person was not of sound mind when drafting the will. The fact a testator has dementia at the time an estate plan is executed is not, in and of itself, sufficient to establish a lack of testamentary capacity.
Fraudulent Circumstances. A person makes a false claim about an intended heir’s criminal wrongdoing to prevent them from their inheritance or a person makes a false promise to persuade someone to leave a bequest in their will.
The Will was not properly drafted, witnessed or executed. The legal requirements for signing the will are not met; only having one witness when two are required. Although Nevada permits holographic wills which do not require witnesses, there can still be circumstances in which the holographic will can be challenged due to its improper execution.
When you hire Drizin Law to represent you during your will contest, rest assured we will aggressively represent your interests.
