A Will Contest is a formal legal proceeding arising when someone objects to the Probate Court admitting a will to probate. Admitting a will to probate is a formal process wherein the Probate Court Judge makes a determination that the will is valid, and then appoints a personal representative to carry out the directives set forth in the will. Filing a will contest in means that you dispute the validity of a will or that the the will does not reflect the actual intent of the the party who made the will.
A will contest action can arise when an heir asserts that the party who made the will in question was:
While a will may, on its face, seem “unfair,” most courts have refused to invalidate a will on the sole basis that it is unfair on its face. Also, some wills have an in terrem clause; these clauses say that if any of the beneficiaries contest the will, they will receive nothing under the will. In terrem clauses have been upheld by Tennessee Courts.
The process of contesting a will is difficult in Tennessee. Turner Law Offices, P.C., can make both the process and the outcome better for you. Turner Law Offices, P.C., has over twenty (20) years experience in probate law and will contest issues, and our attorneys can help you evaluate whether a will contest lawsuit could be successfully litigated.