Will Contest

An Idaho will contest attorney can support your family when you believe that the version of a will submitted to probate is inaccurate or was procured as a result of undue influence or fraud. One of the most common questions that is presented to a will contest lawyer in Idaho is what happens when someone alleges that a will is invalid. It is important to think about all of the different factors that could render a will invalid. This all begins with the underlying assumption in Idaho that a will is valid.

Will Validity Presumption

The initial thing that occur in any will challenge in a legal way is that the will is presumed valid if it meets all of the primary requirements per Idaho law. This means that it must be properly witnessed, signed and usually notarized as well. A court will examine the last will and testament and might initially assume that the will is valid because all of these formalities have been met.

If a will looks executed properly on its face, then the court begins with the presumption that the document is indeed valid. There are only two ways at that point that a will can be rendered invalid by a court as an Idaho will contest attorney can tell you.

The first is when evidence is presented to the court that the person who signed the will was not competent at the time of doing so, meaning that they did not properly understand what they were doing. The other ways for proof to be brought to the courts that the person who signed the document was coerced by others into signing the will when they didn’t want to or that the person was unduly influenced to sign the will.

Understanding Competence

The court evaluates factors such as whether or not the individual appeared to understand their own circumstances, what the document stated and what they were doing. Testimony from health care providers and doctors who observed the person do or say things, illustrating competence or incompetence can all be used. Without this evidence the individual who signed the will is usually deemed to be competent.

Undue Influence

The next question that can emerge in a will contest case is whether coercion or undue influence was involved in the signing of the will. Testimony from the witnesses who saw the will be signed can be evaluated particularly if those witnesses say that the individual who signed the will was being coerced. Any person who is claiming coercion or undue influence to render a will invalid would need to submit specific evidence showing that this did occur. Without strong evidence there is a presumption that the last will and testament is enforceable and valid and these are some of the most difficult aspects of a will contest to allege because it can eb difficult to determine whether or not someone was unduly influenced or coerced into signing a will.

In all of these circumstances you need the support of an outside professional who understands the specifics of a will contest and who can give you and your family members the necessary support and clarity around these common questions. It can be overwhelming for family members to go through this process without the support of an attorney who has helped others in these circumstances.

This is because many family members might not eb on the same page when it comes to believing that the will is valid or invalid. This can generate disputes, conflicts and emotional issues that can last for years or even decades. In all of these circumstances, it is essential to retain legal help as soon as possible. This is to minimize the possibility of mistakes being made in the case that could jeopardize the total outcome. Schedule a consultation today with a trusted professional to learn more.