Determine Whether You Can Contest a Will Due to Mistake
Since we are all human, we all make mistakes. Unfortunately, some of those mistakes have a greater magnitude than others. One example lies in the realm of estate planning. When your loved one drafted his or her will, he or she may have relied upon a set of facts that were in actuality a mistake. Your loved one’s reliance on this mistaken set of facts could have significantly impacted the overall estate plan. As a result, you may now face the possibility of pursuing a probate litigation matter in order to invalidate the will.
Four Necessary Facts to Contest a Will on the Grounds of Mistake
If you have concerns over your loved one’s will and suspect that mistaken facts were involved, it is important to consult with an attorney right away. Invalidating a will on the grounds of mistake is not an easy task to accomplish. To start, consider whether the following statements apply to your matter at hand:
- Your loved one relied on the mistaken set of facts when he or she drafted the will.
- Your loved one relied on the mistaken set of facts when choosing which individuals or entities should receive the estate assets.
- The mistake appears on the face of the will.
- It is possible to know, by inferring from the will itself, what disposition of the estate assets would have been called for had the mistake not been made.
If these are applicable to your loved one’s estate, you may have grounds to contest the will due to the mistake that was made. Ready to take the next steps? It’s as easy as reaching out. We encourage you to send us an email or fill out or easy online contact form for more information.