1 / 11

Understanding Will Contests: A Guide to Procedural Matters and Legal Considerations

Learn about the motive to contest wills, necessary parties, trial types, statute of limitations, and temporary administration in disputes over probate matters.

nani
Download Presentation

Understanding Will Contests: A Guide to Procedural Matters and Legal Considerations

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Will Contests:Introduction and Procedural Matters

  2. Who has motive to contest? • 1. Heirs who would benefit by an intestate distribution.

  3. Who has motive to contest? • 2. Beneficiary of prior will who would take if new will is invalid.

  4. Standing to Contest -- § 10 • Interested person under § 3(r).

  5. Necessary Parties -- § 10A • Beneficiaries who are: • Institutions of higher education • Charities

  6. Type of Trial -- § 21 • Contestant is entitled to a jury trial.

  7. Statute of Limitations -- § 93 • 1. Non-fraud grounds • 2 years after will admitted to probate

  8. Statute of Limitations -- § 93 • 2. Forgery or fraud grounds • 2 years after discovery

  9. Statute of Limitations -- § 93 • 3. Tolling • Incompetent • Minors

  10. Temporary Administration -- § 132 • Court may appoint temporary administrator to handle estate while will contest is pending.

  11. Practice Tip • Should you contest will before or after its admission to probate? Why?

More Related