Contested Will

Contested will lawsuits often involve a deceased family member will that was fraudulently executed or entered into when the decedent lacked the capacity to execute a will.

There are three general ways a will can be ruled invalid:

• Undue influence, in which a dominant party overpowers the free will of the testator
• Fraud, in which the testator is misled
• Lack of testamentary capacity, in which the testator is not overpowered or misled, but lacks the mental capacity to adequately communicate his or her wishes in a will. Alzheimer’s disease is a common cause of lack of testamentary capacity.

If you feel that a will has been executed improperly due to undue influence, fraud or lack of testamentary capacity, we can help. For instance:

• Did the will’s executor (person in charge of the will) benefit from the will and perhaps influence the decedent? Did the executor perhaps use undue influence both to become the executor and to control the terms of the will?
• Did the decedent, suffering from dementia or incapacity, change the will under the influence of others?

The attorney team at Breeding Carter has helped individuals and families attain a fair resolution in will disputes, and obtain valuable and deserved assets, funds, property and keepsakes. If you have questions or concerns regarding disputed wills, reach out to Breeding Carter.