What is a Will Contest? | Denver, Colorado Probate Attorney

If someone objects to a will that’s been lodged in court, then that becomes a will contest. Someone’s objecting to what the will says is supposed to happen to the person who dies’ estate, and they object, and they say, “That really isn’t what the person who died wanted. He didn’t want this will, and his property, and his assets to go where they say it’s supposed to go in this will.”

That may because, and the two most commons reasons that they object is they believe that the person who died lacked the capacity to understand the results of what he was actually having written down in his will. It could be because of illness. It could be because of medical care. It could be because of drugs. There’s any one of a number of reasons, but because of that, that person didn’t have the capacity to understand what was really written down in a will. Or, and sometimes it’s an and/or, they were unduly influenced by someone. Someone with them, sometimes a caretaker or a family member, unduly influenced the person who died to write the will in a way that was most favorable perhaps to them, and not favorable to the other members of the family, or friends, or whoever, and so they contest the will on the basis that that person was in a position of helping that person or a relationship of some kind, and unduly influenced the person that died to write the will in a way they never would have done, but for that person’s undue influence.

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