Get An Experienced Attorney On Your Side Of A Will Contest
Following the loss of a loved one, the prospect of tackling the complex probate complex can be difficult. Disputes over the validity of the will can further complicate matters. At The Elder & Disability Advocacy Firm of Christine A. Alsop, LLC, we handle both uncontested probate matters as well as disputes regarding wills. Whether you are seeking to challenge a will or defend one, our lawyers can provide you with assurance and peace of mind knowing your case is in capable hands.
Contesting A Will
Typically, grounds for contesting a will include:
- Undue influence: Caregivers, advisers and even family members sometimes take advantage of those in vulnerable positions. If your loved one’s will reflects a distribution that you think would not have been made on his or her own accord, further investigation may reveal that somebody else pressured your loved one for selfish purposes. Our attorneys can analyze whether your situation fits the legal criteria for undue influence.
- Fraud: If your loved one made certain distributions based on representations that turn out to be false or misleading, the will — or certain provisions of it — may be invalid due to fraud.
- Formalities: Wills must conform to certain legal requirements, which vary by state, to be valid. In general, a will must be in writing. It must be signed and witnessed by two people. Amendments to a will must also comply with certain formalities. A will that fails to meet these requirements may not be valid.
- Lack of capacity: Legal capacity refers to an ability to make informed and rational decisions. In the context of executing a will, your loved one must have been of sound mind, meaning he or she was able to recognize the assets or financial holdings involved and understand the ramifications of his or her decisions. If your loved one did not have this ability — perhaps due to Alzheimer’s, dementia or other conditions — then the will may not be valid. The probate court will weigh the evidence to determine whether the will is enforceable.
Defending A Will Against Challenges
If you are a beneficiary or administrator seeking to defend a will, it is important to fully prepare with a strong strategy. Our firm can be your right hand throughout the proceedings. Skilled and knowledgeable in fiduciary litigation, our attorneys understand the nuances of defending against will contests. We will work diligently to make sure you receive the high quality of representation you deserve.
How Can We Serve You?
If you are looking for dedicated legal guidance, we invite you to contact us at 314-644-3200 to discuss your situation with our legal team. Our firm handles will contests in St. Louis, where our office is located, and throughout Missouri and Illinois.
In the maze of confusion, there is a solution.
