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Challenging a will can be a complex process

On Behalf of | Jan 3, 2019 | Probate Litigation

Many individuals in Louisiana and across the nation consider it essential to have a strategy in place depicting what will happen once they are gone. In some cases, a person may choose to convey his or her final wishes through a will. Although those who wish to contest a will may find it helpful to understand the scenarios in which the document could be deemed invalid, challenging a will can still be a complex process.

One scenario in which a person may have grounds to contest a will pertains to the testamentary capacity of the testator. If it can be shown that a person lacked the capacity to fully understand the terms of the will prior to its execution, the document could be deemed invalid. A person may also be able to challenge a will if the document was not signed in accordance with Louisiana state laws.

A will could also be invalidated if the testator was subjected to undue influence and pressure prior to signing the document. Another scenario in which one might have grounds to challenge a will pertains to the presence of fraud. For instance, if a person is manipulated or tricked into signing a will, the court may deem the document invalid.

Challenging a will can be a stressful and intimidating process, and those who wish to know more about their available legal avenues may find it helpful to seek guidance early on. By speaking with an attorney, a person in Louisiana could obtain a better understanding of the process of contesting a will and advice on how best to proceed. An attorney can examine the client’s circumstances thoroughly and assist him or her in pursuing the most favorable outcome achievable through the necessary outlets.