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By: Scott Grossman on August 27th, 2016

If A Mistake Was Made With A Will, Court May Deny Admittance To Probate



In life, we all know that mistakes can be made. Unfortunately, estate planning is not immune to that fact. Mistakes can be made in a person’s will even when the best of intentions was involved in its creation. As a beneficiary or heir of that person’s estate, you may find yourself needing to pursue a probate litigation matter in order to demonstrate that a mistake was made with your loved one’s will. Fortunately, you do not have to navigate this process alone.

Contesting a Will Due to a Mistake

Since a person’s estate plan is designed to lay out his wishes for what should happen to his hard-earned assets after they die, courts are reluctant to invalidate these documents unless there is clear and convincing justification for doing so. Generally, a will may come under attack for the following reasons:

  1. The proper execution of the will.
  2. The intent of the person who created the will.
  3. The mental capacity of the person who created the will at the time it was signed.
  4. Undue influence exerted over the person creating the will, fraud, or duress.
  5. Mistaken assumption of facts upon which the creator of the will relied when drafting his or her estate plan, mistakes made when drafting the will, or a mistaken belief about the nature of the document that was executed.
  6. Revocation of the will by the person who created it.

Challenging a will on the grounds of mistake can be an uphill battle without the proper supporting evidence and documentation. Even if you can prove that a mistake was made, your work is not done. Courts will typically not disallow a will unless the mistake impacts the estate plan as a whole in such a manner that the will must be invalidated.

If you suspect that a mistake was made with your loved one’s will, we encourage you to act quickly. The longer that you delay, the greater the potential harm to the assets of the estate. Contact us today for more information. Fill out our quick contact form and we will respond to set up free case consultation.

Related Links:

Mistakes Made in Trusts

Mistakes During Probate Administration

The Grossman Law Firm, APC · · (951) 523-8307