When an individual passes away, the current provisions found in Probate Law in Angola Indiana govern the process of probating or confirming the last will and testament that is presented to the court. Most of the time, this process is relatively simple unless a concerned party chooses to contest the document. Current law does provide the opportunity for such an action. Here are some of the reasons why a will can be contested.
When Was the Document Drafted?
One reason to contest a last will and testament is based on when the document was drafted. Specifically, the question is what level of mental capacity did the individual have at the time the document was prepared? If there is reason to believe that the terms of the will were prepared by a party who stood to benefit from them, and that the individual signed the will during a period when the ability to think clearly was not present, it may be possible to challenge the will and petition the court to honor a previous will.
Meeting All Formal Requirements
How does the last will and testament do in terms of meeting all legal requirements set by the local jurisdiction? For example, was the document witnessed by the proper number of people and did they possess the mental and legal capacity to do so? When there is some question as to the document meeting all the standards required by law, the scope of current probate law in Angola Indiana does provide grounds for filing an objection to the confirmation of the document.
Was the Will Maker Subjected to Undue Influence or Coercion?
Sudden changes in who is and is not named in the will could raise questions about whether the new document was signed under some type of duress. When there is the possibility that the individual was forced into signing the document due to blackmail, threats to the individual or a loved one, or any other similar type of coercion, the court could choose to dismiss the petition for probate and pave the way for accepting a last will and testament predating the one in question.
Before assuming nothing can be done, contact Yoder & Kraus and arrange for a consultation. If there is evidence that the terms of the will are not in line with statements made by the individual prior to death, there may be grounds for mounting a legal challenge.
