This is a multi-state form covering the subject matter of the title.
Mississippi Complaint to Contest Will
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FAQ
A surviving relative would contest a will if he or she thinks the will is invalid or that the deceased was unduly influenced or did not have a sound mental capacity when making the will. If declared invalid, the will is void, and the estate is divided as if no will existed.
Include a No Contest Clause in the Will Another strategy to avoid a Will contest includes a ?no-contest? or ?in terrorem? clause in your Will. A typical ?no-contest? clause states that if an heir challenges your Will and loses, then he or she gets nothing.
Valid legal reasons to contest a will include: Lack of testamentary capacity when the decedent wrote the last will and testament. Fraud or someone exerting undue influence over the testator. Insufficient or inappropriate witnesses.
"If any beneficiary under this will seeks to obtain in any proceeding in any court an adjudication that this will or any of its provisions is void, or seeks otherwise to void, nullify, or set aside this will or any of its provisions, then the right of that person to take any interest given to him or her by this will ...
If the heirs cannot (eventually) come to 100% agreement, the Center will never file an action with the Court. Disagreeing heirs in a courtroom risk losing the land to a forced partition sale.
If it can be proven that the will was not signed in ance with the law it can be challenged. Lack of mental capacity. If it can be proven that the testator was not of sound mind when they wrote and executed the will, it may be challenged. Undue influence.
The Thinking Behind Leaving One Dollar By leaving money, the goal is to dissuade someone from contesting because they would lose out on any money; however, by leaving a dollar the person isn't really losing anything. Anyone can contest your Will, regardless of whether you disinherit that person or leave them something.
contest clause ? also called a ?penalty clause,? or in legal circles, an ?in terrorem? clause ? is meant to prevent beneficiaries from challenging the will after the individual dies.