It Doesn’t Happen Frequently but Last Will and Testaments Can Be Contested

There are reasons for a Last Will and Testament to be contested and one is the mental capacity of the client.

The best way to avoid a Last Will and Testament contest, is to have a well-written Last Will and Testament prepared by a qualified estate planning attorney, who can help avoid legal contests. It is also important the client be of sound mind and body. However, there are times when this is not the case and a challenge may occur, according to The Huntsville Item in “Legal Corner: Last Will and Testament contests while rare are messy.”

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Myths and Facts About Probate

I just need a Will and a Living Will. This will avoid “probate” and allow someone to make medical decisions for me if I cannot express myself.

Not true. A Last Will and Testament is a “road map” that expresses how someone wants their estate (financial and personal belongings that exist at the time of their death) to be distributed by the person they appoint as their Personal Representative.

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Making Decisions About End of Life Medical Treatment

While advances in medicine allow people to live longer, questions are often raised about life-sustaining treatment terminally ill patients may or may not want to receive. Those who fail to formally declare these wishes in writing to family members and medical professionals run the risk of having the courts make these decisions.

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If a person becomes mentally or physically handicapped and can no longer make rational decisions about their person or their finances, his or her loved ones may consider a guardianship or a conservatorship whereby a guardian would make decisions concerning the physical person of the disabled individual, and conservators make decisions about the finances.

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How to Contest a Will

You had a loving relationship with your mother and she always said she would leave everything to you and your siblings, but after she died, you discover she had recently written a new will, leaving everything to her housekeeper. Is there anything you can do? If you believe a loved one’s will is not valid, you may be able to contest it. But proving a will is invalid is difficult and this process should be undertaken only if you are sure there is something wrong.

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