In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
Utah Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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How to fill out Petition Contesting Probate Of Will On The Grounds Of Mental Incompetence And Undue Influence?
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FAQ
We're often asked, ?How can you prove undue influence?? Well, the evidence must support the elements of proving undue influence, which were stated above: Vulnerability of the victim. The influencer's apparent authority. The actions or tactics used by the influencer.
In Utah, undue influence is most often found when the testator ? the person whose will it is, and the beneficiary ? the person who is taking something under the will have a confidential relationship, like an attorney and their client. Estate of Jones v. Jones, 739 P.
To contest a will, you will have to file a special pleading in the probate court to object to a petition for probate. This will result in the executor and all the surviving heirs being summoned for a proceeding. There is no right to a jury trial, instead, the trier of the fact will be the court.
A will or trust can be declared invalid if undue influence was used on the deceased to obtain assets that would otherwise have gone to others.
If a person challenges a will for undue influence and proves that the will was not the testator's true intent, then the court will usually determine that the will is not valid. If an earlier will is valid, the court might use that to distribute the property. In that case, the earlier will is ?revived.?
Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
Proving undue influence is complex, and the burden of proof is very high. You must prove that the person who benefited from the gift was in a confidential relationship with the decedent.
The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.
