How Do You Prove Fraud Or Undue Influence When Contesting A Will?
A will is a document that sets out how a person’s estate gets dispersed upon her death. Typically a will must be typed, signed and witnessed by two people who are not named as beneficiaries to be legal. There have to be legitimate reasons for invalidating a will before a court will set one aside. Two conditions that allow a will to be invalidated are if it can be proved that fraud was involved in the making of the will or that there was undue influence on the deceased during the making of the will. Both have to be proved in a court of law before a will can be invalidated. Check to make sure you have legal standing according to the court. A person is considered to have legal standing if he inherits under the will, would be a beneficiary of any trust set up by the will, or if he would have inherited if there was no will. Next of kin, such as spouses or children, fall under that category. File a motion contesting the will with the probate court via a qualified probate attorney. The attorn
