Safeguarding Your Rights in Will Contest Actions
Challenging a will can be an emotionally charged decision. You may even feel as if you’re dishonoring your loved one’s memory by questioning what appears to be their final wishes, and Wills may often include a clause threatening to disinherit anyone who challenges the will. However, if you believe that there are legal issues with the will, you have the right to contest it in court.
At Reuter Corbett, our expert lawyers have handled many will contest matters and recognize the delicate nature of these disputes and will handle your case with the dedication and sensitivity it deserves. Whether you question the authenticity of a will, suspect fraud, undue influence, or believe the deceased lacked the mental capacity to make a will, our legal team is ready to help you analyze and address these concerns with confidence.
Why Choose Reuter Corbett to Contest a Will?
A trusted and experienced legal team can make all the difference when it comes to contesting a will. At Reuter Corbett, we have decades of experience including many successful will contests and defenses and will use these insights in your case. When you work with our law firm, you benefit from the following advantages:
- Extensive Experience in Will Contests: Our attorneys are highly experienced in probate and estate litigation, including will contests. We understand the legal aspects involved and have a proven track record of success in challenging wills and protecting our client’s interests.
- Compassionate Support: We recognize that contesting a will can be an emotional and stressful experience. Our team is here to provide compassionate support and clear guidance until the moment your case concludes.
- Trusted Advocacy: Whether negotiating a settlement or representing you in court, we are dedicated advocates for your rights. Our client’s trust us to fight hard to ensure that their voices are heard and that justice is served.
If you wish to contest a will, you can trust the estate attorneys at Reuter Corbett to represent your interests both in and out of court. We are equipped to handle all legal matters from the initial investigation and preparation of your case, through settlement negotiations, trial, and beyond.
Will Contests: an Overview
A will contest arises when an interested party disputes the validity of a deceased person’s will. This can happen for several reasons, including allegations of undue influence, fraud, lack of testamentary capacity, or improper execution of the will. At Reuter Corbett, we bring years of courtroom experience and a compassionate approach to help you address these estate issues.
Common Grounds for Contesting a Will
Contesting a will is not something to be taken lightly. There must be valid legal reasons to challenge the document, and these reasons must be substantiated with evidence. Understanding the common grounds for contesting a will can help you determine whether you have a viable case and what steps to take next.
Here are some of the most common reasons why a will might be contested:
- Lack of Capacity: For a will to be valid, the person creating it (the testator) must have been of sound mind. If you believe the testator was not mentally capable of understanding the implications of their decisions due to illness, medication, or other factors, you may have grounds to contest the will.
- Undue Influence: If someone exerted undue influence over the testator, leading them to make decisions they otherwise would not have made, this can be grounds for contesting the will. This often involves situations where the testator was isolated, manipulated, or coerced by a trusted individual.
- Fraud or Forgery: If the will was created or altered fraudulently, or if the testator’s signature was forged, the will can be contested. Proving fraud or forgery requires thorough investigation and compelling evidence.
- Improper Execution: Oregon estate law requires that wills meet specific formalities to be valid, such as being signed by the testator and witnessed by at least two individuals. If these formalities were not observed, the will may be invalid.
How Wills Are Contested
Although there are state-specific variations, you generally have four months from the date the will is admitted to probate to file a contest. This time limit is strictly enforced, so it is important to act quickly if you believe there are grounds to contest a will.
The first step is to file a petition contesting the will with the probate court. This petition outlines the reasons for contesting the will and provides any supporting evidence. To support your claims, you will need to gather evidence such as medical records, witness statements, and expert testimonies. At Reuter Corbett our team of experienced litigators can assist you in compiling the evidence and presenting this petition swiftly and aggressively.
The probate court will schedule hearings to review the evidence and hear arguments from both sides. During these hearings, our estate lawyers will present your case, cross-examine witnesses, and argue on your behalf. In some cases, the dispute can be resolved more efficiently through mediation or confidential settlement negotiations. If a settlement can’t be reached, the case will go to trial. Our experienced litigators will represent your interests in court and present a compelling case to the judge or jury.
FAQs
Who Can Contest A Will?
Typically, only “interested parties” can contest a will. This includes individuals who are beneficiaries under the will or who would have inherited from the estate if the will had not existed. In Oregon, interested parties can include family members, heirs, and sometimes creditors.
To pursue a lawsuit, a person is typically required to have legal standing, which is generally based on whether the person disputing the will would be a beneficiary or receive something different if the claim were successful. For example, if you have been left out of a close relative’s will and believe you have a claim to the estate, you can argue you have standing.
What Evidence Is Needed To Contest A Will?
The evidence required to contest a will depends on the grounds for the contest. Common types of evidence include:
Medical Records: These records can provide important information about the testator’s mental and physical condition at the time the will was created. For example, if they were suffering from a debilitating illness or cognitive impairment, treatment records can support claims of lack of testamentary capacity.
Witness Statements: Testimonies from individuals who were close to the testator can shed light on the circumstances surrounding the creation of the will. Witnesses may include family members, friends, caretakers, or anyone who observed the testator’s behavior and interactions with others.
Expert Testimonies: In some cases, expert opinions are necessary to substantiate claims. For instance, a medical expert might be called to testify about the testator’s mental state or a handwriting expert might be needed to confirm allegations of forgery.
Documents Showing a History of Manipulation or Coercion: Emails, letters, or other forms of communication can be vital in demonstrating undue influence. These documents might show a pattern of behavior where the testator was isolated, pressured, or manipulated by another individual.
Our team at Reuter Corbett is skilled in gathering, coordinating and presenting this evidence. We will work closely with you to compile all necessary estate plan documentation, identify and interview relevant witnesses, and secure expert testimonies that bolster your case. We understand the importance of building a strong, persuasive argument and will leave no stone unturned in our efforts to support your claim.
How Long Does a Will Contest Take?
The timeline for a will contest can vary depending on the complexity of the case and whether it goes to trial. Generally speaking, it can take anywhere from several months to over a year. Several factors can influence this timeline:
Amount of Evidence: The more evidence that needs to be collected, reviewed, and presented, the longer the entire process may take. Gathering medical records, witness statements, and other documentation can be time-consuming.
Need for Expert Testimonies: Expert testimonies, such as those from medical professionals or forensic specialists, can make the legal process longer. Experts may need time to review the evidence, prepare their reports, and be available for depositions or court appearances.
Court’s Schedule: The availability of the court can also impact the timeline. Courts may have busy dockets, and scheduling hearings or trial dates can sometimes lead to delays.
Discovery Process: The discovery phase, where both parties exchange information and evidence, can also extend the timeline. This phase is critical for uncovering all relevant facts but can take several months to complete.
Possibility of Settlement: If the case can be settled without the need to go to trial, this can save significant amounts of time and money and is generally considered to be a desirable outcome.
Our attorneys are skilled negotiators who will work to achieve a fair settlement that meets your needs, or participate in mediation sessions that can often resolve probate disputes more quickly than a trial. However the time required can still vary depending on the willingness of both parties to reach an agreement.
Concerned About an Invalid Will? Speak To An Experience Will Contest Attorney Today
If you suspect that a loved one’s will is invalid, it is important to seek legal advice as soon as possible. Contacting an experienced litigation attorney at Reuter Corbett can help you understand your options and the steps required to contest the will. Acting quickly is critical due to the strict statutorily imposed time limits for filing a will contest.
You can reach us by phone at 503-874-6166. Our friendly staff will be happy to answer your questions and schedule a consultation with one of our experienced litigation attorneys. Let us help you prepare and present your case and protect the true intentions of your loved one.
