Should I contest a will in Indiana?
When someone close to you passes away, there is usually a period of grief and increased emotions. If you have doubts about the validity of a decedent’s Will, you may experience heightened emotions when reading the terms of their Last Will and Testament. Consult an experienced probate lawyer to determine if you have any grounds to contest a Will. The Indianapolis attorneys at Frank&Kraft will discuss some factors you should consider before deciding whether or not to contest an Indiana Will.
How can a Will be invalidated in Indiana?
When loved ones and family members learn that a decedent’s Will is not favorable to them, many have a strong reaction, especially if it comes as a shock. If you find yourself in this situation, you might consider challenging the Will. In Indiana, you can’t challenge (contest a Will) because you don’t like the terms. You must prove the Will’s legal invalidity to win an Indiana Will contest. To do that, you must prove at least one of the following legal grounds on which a Will can be declared invalid:
- Lack of testamentary capacity
- Undue influence
- Fraud
- Improper execution
Things to Look for When Contemplating an Indiana Will Contest
If you decide to contest a Will in the State of Indiana, the burden is on you to prove that the Will is legally invalid because courts presume that a Will submitted for probate is valid. The court will also give considerable deference to the testator, assuming they have the right distribute their estate according to their wishes. This places a heavy burden on the contestant to disprove this presumption. Some things to look for if you have reason to believe that a Will is invalid include:
- Execution errors. All states, including Indiana impose technical requirements for the execution of Last Willand Testament. The Will, for example, must be witnessed and signed by the Testator. If the Will does not appear to meet the basic requirements for a valid Will, the Will may be declared invalid.
- Recent changes to the Will. Someone suddenly deciding to execute a Will after learning they are close to death or facing a terminal illness is fairly common; however, changes to an existing Will that occurred close to the Testator’s death can be suspicious and may indicate undue influence or lack of testamentary capacity.
- Someone controlled the Testator’s finances and/or decision-making. Undue influence can be proven if the Testator was under guardianship or if you have reason to suspect that someone was controlling the Testator’s finances or decision-making without their knowledge. It is not necessary to invalidate a Will if you can prove that the Testator had Alzheimer’s disease or dementia. It may, however, help you prove that the Testator lacked the required testamentary capacity to execute the Will which can lead to invalidating the Will.
- A person who helped draft the Will is a significant beneficiary. If the terms of the Will leave valuable assets, or a substantial portion of the estate, to anyone else who was directly involved in the creation of the Will, including the attorney who helped the Testator create the Will, you may have a winning undue influence argument.
- Leaving out a spouse or child without explanation. A spouse or child is not legally required to inherit anything from the Testator. However, if the spouse/child is shocked by the disinheritance without explanation, it could be an indication that the Testator was under undue influence or lacked the capacity to make the Will. Join us for a FREE seminar to learn more. Call
- Frank & Kraft for help deciding if you should contest an Indiana Will. Read More!
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