Can a Probate Litigation Lawyer Invalidate a Will?

A will is a legal document outlining the distribution of an individual’s estate after they die. However, circumstances sometimes arise that cause family members or beneficiaries to question the authenticity or relevance of a will. As a result, they may decide to contest the will. In such cases, the assistance of an experienced Chattanooga probate litigation lawyer is essential.

What invalidates a will in Tennessee?

To successfully challenge the validity of a will, one must substantiate claims of fraud, undue influence, revocation by another will, lack of testamentary capacity, or issues with the execution. Mere dissatisfaction with the distribution of assets does not suffice; concrete evidence of invalidity is required.

What are the requirements for a will to be valid?

In Tennessee, there are specific laws that govern the validity of a will, such as:

• The testator – the person who creates the will – must be of sound mind and at least 18 years old.
• Two witnesses must sign the will in the presence of the testator. The testator must explain to the witnesses that the document is their will and sign it as well. The witnesses will sign the document in the presence of each other and the testator. If the testator cannot sign their own will, another person can sign their name in their presence.
• A handwritten will can be valid in Tennessee if it is in the testator’s handwriting and the testator provided a signature. Two witnesses must confirm that the handwriting belongs to the testator.
• An oral will may be valid under certain circumstances. For example, the testator may give an oral will if they were in imminent danger and died because of that danger. However, two disinterested witnesses must be able to provide details of the oral will for it to be considered valid. In addition, the oral will must be transferred to writing within 30 days and entered probate court within six months after the testator’s death. Personal property cannot exceed $1,000 unless the testator was an active military service member in a war. If this is the case, the personal property may increase to $10,000.

Who can contest a will?

Not everyone can contest a will; in Chattanooga and throughout Tennessee, eligible parties include:

• Beneficiaries listed in the will or those who received inheritance or assets Beneficiaries of a prior or different will who were supposed to receive an inheritance or assets but were not listed in the new will.
• An individual who should have inherited or received assets through the intestate laws but did not receive anything.
• Creditors with a claim against the deceased person’s estate.

Beneficiaries may be family members, spouses, close friends, or even organizations.

What is the statute of limitations for probating a will in Chattanooga?

The statute of limitations for probating a will in Chattanooga and other parts of Tennessee is two years from the date of the order. Although 24 months from the date of the order to send the will to probate may seem like a long time, you should file your will contest case as soon as possible to ensure you have the necessary evidence and witnesses. A probate litigation attorney can provide legal advice regarding your case and ensure you meet the general requirements to file a claim.

Can a probate litigation lawyer invalidate a will?

Working with a Chattanooga probate litigation lawyer increases the likelihood of successfully challenging a will’s validity. However, your attorney must present evidence and information to the court showing why the will should be invalidated. Here are a few common d reasons for invalidating a will:

• There is a new or different will.
• The will in question was revoked.
• The will does not follow the state’s laws and rules.
• The will is fraudulent.
• The individual who made the will did not have the mental capacity or the correct mind state to write a will or agree to the things listed. (Lack of testamentary capacity)
• The testator was forced, threatened, or coerced to write the will.

If you suspect a loved one’s will is invalid, the probate litigation lawyers at Wagner & Wagner Attorneys at Law stand ready to assist you. Our team will listen to your concerns, review your claim, find supporting evidence, develop a strong and convincing argument, and potentially prepare to challenge the will on your behalf. Call our office or fill out our contact form to schedule your free case review and learn  about your legal options today. We proudly help clients throughout various parts of Tennessee, including Chattanooga, Cleveland, and more.