Contesting a Trust or Will

A contest to a Will or trust can be pursued by any "interested party." Those who may qualify are the deceased's spouse, children, beneficiaries, other kin or creditors. If a Will negatively affects your rights, then you may be able to contest. In order to do so, the Will must be offered for probate. At this point, the contestants will be met with strict deadlines that must be met if they want their contest to be considered. A will can be contested on three grounds: the formalities required to execute the Will were not met, the Will maker was not mentally capable of doing so or the Will maker was manipulated by "undue influence." These are all fairly broad categories. If a Will was not executed correctly, then it may be contested. Click on the links below to read in more detail the reasons for Will and trust contestation.

Grounds to Dispute a Will or Trust

There are a few scenarios which may qualify you to contest a Will. If the Will was not executed within the strict requirements of the State of Nebraska, then you may be able to legally dispute how the estate was administered.

Mental Incapacity
In order to execute a Will, an individual must be of "sound mind." There are some instances where an individual does not have the mental capacity necessary to execute a will, but do so anyway. For a Will to be considered valid, it must be proved that the testator (Will maker) knew the nature of their acts, knew the extent of their property, knew the proposed disposition of their property and also knew the natural objects of their bounty.

Fraud or Undue Influence
A Will is called such because it is supposed to reflect the desires of the one making it. For this reason, a Will can be contested if there was believed fraud or undue influence over the testator. It happens in some cases that an individual attempts to manipulate the Will in their own favor, so they overrule the decisions of the testator.

Improper Execution
There are strict rules in place in order to make the execution of a Will legitimate. Except for holographic wills, a will is required to be in writing and signed by the testator. If it cannot be signed by the testator, then someone acting on their behalf may sign. In Nebraska, Wills may be considered valid even if there were no witnesses. If a Will was executed improperly, it may be contested.

Subsequent Will
If a Will was made subsequent to another Will, the first one will may not be considered valid. In many cases, a second Will proves to be highly similar to the first. In these cases, only the inconsistencies in the first Will can be revoked. If a subsequent Will is entirely inconsistent with the first, then the first one will likely be revoked entirely.

Is an improperly executed Will or Trust affecting your rights?

At Domina Law Group, we know the intricacies of Will contestation and frequently assist clients in getting the justice that they deserve. It is not uncommon for these issues to go to trial, which is why it is essential to have our firm on your side. With more than 300 successful jury trials under our belts and more than 260 state and federal appeals argued, our trial experience is something to be confident in. Since 1975, our firm has been providing legal assistance to those faced with complex Will and trust matters. A Will is your way to get what is rightfully due you after a loved one has passed. Whether in court, mediation or arbitration, you can count on our firm's knowledge and experience to work in your favor. Take the next step and contact us today!