The next step in the process is determining your grounds for contesting the will. There are several legal reasons that may open up the will to a contest. However, you should know that not agreeing with the will or how the assets have been divided is not reason enough to contest the will. 

It is important to know ahead of time if you have a valid reason to contest the will. You can work with a will contest lawyer who will help you look at the will and your reasons and come up with the best strategy to contest it.

Here are some of the common grounds used to contest a will: 

• Problems with the testator: The testator is the owner of the will and the estate. If you think or believe they may have been influenced or under duress when writing the will or they were mentally incompetent, you may have grounds to contest the will.

In this case, you would be expected to provide evidence to support your claim.

• The will is legally invalid: A will is legally valid if the testator abides by the formalities and rules as defined in El Paso County, CO. The main requirements are that the testator must be of legal age and sound mind. They must also intend for the document to function as a will, and the testator must sign the will. Two witnesses must sign the will, or the testator must have written the material terms of the will in his or her own hand. If the will does not meet these legal requirements, you may have grounds to contest it as legally invalid. 
• Fraudulent will: Fraud is another common ground for contesting wills and trusts. It may be the hardest grounds to prove, but if you believe the testator was tricked into signing the document, that would invalidate the will and is considered fraudulent. In many instances, wills contested under this ground also challenge the mental capacity of the testator.

We are on the side of fairness, family and future. 

Wills are designed to provide a fair and seamless division of assets from the testator to their beneficiaries. But this is not always the case. If you feel the will or trust is unfair, contacting a will lawyer near me in El Paso County, CO, can help you understand your legal options and what you need to do to prove your case. 

The Law Firm of Tammy W. Akers, LLC has been involved in Estate Planning Law for decades. We help with the drafting and distribution of estates so we understand the state laws, the requirements for a will to be legal and most importantly, the grounds for contesting. 

As your contest lawyer, we are keen on restoring family legacies and ensuring you get what is rightfully yours. You can contact us at (719) 985-8192 for a free consultation and to get started on your wills and trusts contest.