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Will Contests: Introduction and Procedural Matters

Will Contests: Introduction and Procedural Matters. Who has motive to contest?. 1. Heirs who would benefit by an intestate distribution. Who has motive to contest?. 2. Beneficiary of prior will who would take if new will is invalid. Standing to Contest -- § 10.

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Will Contests: Introduction and Procedural Matters

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  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?

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