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.
Virginia 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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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.
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.
Undue Influence in Estate Planning in Virginia The Commonwealth of Virginia identifies a presumption of undue influence during estate planning when the following elements are met in relation to a testator's will: The person who created the will was enfeebled mentally at the time his or her will was created.
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.?
Anyone interested in the probate of a will may appeal an order within six months after the probate clerk has admitted it. If the probate court has admitted the will, an interested person who has not yet been before the clerk or court may seek to contest the will within one year from the date the order was entered.
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.
It is very difficult to prove undue influence. What we hope to do, if possible, is to shift the burden of proof. So, in every case, there's one side that has to prove that they are right and the other side that is presumed to be right from the beginning.