A ‘will contest’ is the process by which someone, usually a family member of the person who died or a beneficiary listed in a Will, challenges the validity of a Will.
Generally, the legal grounds for such a ‘will contest’ include claims that the Will document was improperly signed, the testator (the person making the Will) was incompetent or lacked the proper testamentary capacity (e.g., he or she did not understand what he or she was doing), that the Will document contains a serious mistake, or that the signing of the Will document was the result of fraud, undue influence, or duress.
There is a time limit for filing a ‘will contest,’ and that the time frames vary from state to state.
Generally, these time limits are known as the ‘statute of limitations’ – and this is a complicated area of the law.
In many states, the time to file a ‘will contest’ begins on the date that the will is admitted to probate, not the date of death of the testator.
Statute of limitations for the filing of a ‘will contest’ vary from state to state, ranging from twelve months to two years from the date a Will is admitted to probate to contest it.
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