Spouses are often the main focus in someone's estate plan, other than their young children. If people die without wills, spouses have very strong rights according to intestate succession laws. Many testators who draft wills and trusts intentionally include terms for...
Will Contests
What Does It Take To Prove Undue Influence In A Will Contest?
Undue influence is one of the grounds for contesting a will. It happens when someone interferes with the free will or judgment of the owner of a will (the testator) through underhand tactics like coercion, excessive persuasion or trickery. If you believe your loved...
Does Life Insurance Have To Be Split Evenly?
Many estate disputes and will contests happen simply because assets are not divided equally. Heirs expected that they would all get similar inheritances from their parents. When it turns out that someone gets far less than someone else, a dispute may occur because...
3 mistakes to avoid when contesting a will
Contesting a will is necessary if you believe the given one does not reflect your loved one's true intentions. However, you should be informed to make the right moves. Mistakes can affect your chances of fighting for your loved one. The following are three mistakes to...
Challenging a will on grounds of lack of testamentary capacity
A will is one of the most important legal documents you can ever create. A will lets you stipulate your wishes regarding what will happen to your estate when you die. And if you have minor children, a will also lets you designate a legal guardian for them. However,...
Should you discuss your estate plan with your beneficiaries?
Estate planning, for most people, is both a personal and morbid subject. As such, it is not uncommon for parents to shy away from discussing their estate plans with their children or intended beneficiaries. The decision to discuss your estate plan with your family is...
Who can contest a will?
Losing a loved one is painful, but the process can become more difficult when you realize you are not part of the will or you believe the given will does not reflect your loved one's real intentions. In that case, you have the option to contest it. To do so, you...
Were you accidentally disinherited?
You’re surprised when you find out that you’ve been disinherited. Your parents have passed away, and the estate administrator reads the will. You’re not mentioned anywhere, and the assets are given to other heirs and beneficiaries. The administrator tells you that...
When can you contest a will?
The time after a family member has passed away is very upsetting. On top of dealing with grief, you may have to play a role in handling their estate plan. Over the years, you developed a strong sense of the final wishes of your loved one. This is because you...
Signs that a will could be fraudulent
Your elderly relative took care of you for years when you were younger, and you’ve pledged to do the same for them as they reach their twilight years. You know that they care deeply about their family, including you, your siblings and all of the younger children. For...