In this video attorney Curt Runger explains what legal bases you can base to contest a will View the video below or see the transcript to hear Curt’s explanation for this frustrating process.
My name is Curt Runger and I’m an attorney in Memphis, Tennessee and I help give my clients peace of mind by navigating them through the probate process after the death of a loved one. One of the ugly parts of probate litigation involve will contests, and these contests happen from time to time and it’s typically in the states where there is a significant amount of money involved and the reason for that is because well contests are incredibly expensive to litigate, but I wanted to discuss what the most common bases is for asserting a will contest are that we see in our practice so the first one, revolves around a lack of what’s called testamentary capacity which basically means, and is the argument that the test data or the deceit and lack the mental capacity in order to execute a valid last will and testament essentially that they you know they had Alzheimer’s or dementia, and there’s no way that they could understand or crochet, what it was that they were doing at the time as important. At the time that the last will and testament was made we’re not talking about time after the last one testing that was made we’re talking about. At the time, the test date or actually sign the last one testament. Another common bases for contesting a will in Tennessee deals with what’s called undue influence and undue influence is basically the argument that the testator was close to another individual there was a confidential or a personal relationship that existed between the testator and another person usually a family member and that the family member, you know, exercised undue influence or sort of persuaded or coerced the testator into making provisions in the last will and testament which would directly benefit that individual so in other words you have somebody basically abusing their relationship with a testator and usually trying to coerce them or persuade them into changing their will or making a will what provisions in it, which are more favorable for that person and that typically arises when you have, like I said, a confidential relationship and you’ve got, you know, a test date or who is there’s a real close relationship with this other person, other situations in which we have seen as a bases for will contest could revolve around if there were multiple wills out there or consuls to a will, so if I will was offered to probate. But an individual became aware that there was actually a codicil to it that wasn’t offered at the time. That could be a bases for it as well if you have any questions about will contests, in Tennessee please give me a call.
If you have any further questions do not hesitate to call Curt or his team at Douglass & Runger, PLLC at (901) 388-5805 relating to other questions about will contest process.