Understanding Grounds for Contesting a Will in Washington DC
11 April 2023
Understanding Grounds for Contesting a Will in Washington DC
A will is a legally binding document that outlines how a person's estate should be distributed after their passing. However, sometimes disputes over a will can arise, leading to estate litigation. In Washington DC, there are specific grounds on which a will can be contested. It is essential to understand these grounds to protect your rights and assets. At RISM LLC, we can provide estate litigation services to Washington DC residents. This blog post will cover the basics of grounds for contesting a will in Washington DC.
Another common ground for contesting a will is undue influence. This refers to a situation where someone coerces or pressures the testator into making a will they otherwise wouldn't have made. This can happen when a caregiver or close family member convinces an elderly person to change their will in their favor.
If someone intentionally deceives a testator to change their will, it can be contested on the grounds of fraud. For instance, if someone misrepresents a fact that influences the testator's decision, it can invalidate the will.
If someone puts undue pressure on a testator to sign a will, the will can be contested for duress. Duress involves a situation where a testator felt compelled to make a will against their wishes, such as when someone threatened them.
When someone with a fiduciary duty, such as an executor or trustee, breaches their duty, it can result in estate litigation. For example, an executor may withhold assets or fail to distribute them equitably, leading to a challenge of the will.
Lack of Testamentary Capacity:
To make a valid will in Washington DC, the person must have testamentary capacity, which means they are of sound mind, memory, and understanding. If someone lacks testamentary capacity, their will can be contested. In this case, it means that at the time of making the will, the person was not able to understand what they were doing or the consequences of their actions.Undue Influence:
Another common ground for contesting a will is undue influence. This refers to a situation where someone coerces or pressures the testator into making a will they otherwise wouldn't have made. This can happen when a caregiver or close family member convinces an elderly person to change their will in their favor.
Fraud:
If someone intentionally deceives a testator to change their will, it can be contested on the grounds of fraud. For instance, if someone misrepresents a fact that influences the testator's decision, it can invalidate the will.
Duress:
If someone puts undue pressure on a testator to sign a will, the will can be contested for duress. Duress involves a situation where a testator felt compelled to make a will against their wishes, such as when someone threatened them.
Breach of Fiduciary Duty:
When someone with a fiduciary duty, such as an executor or trustee, breaches their duty, it can result in estate litigation. For example, an executor may withhold assets or fail to distribute them equitably, leading to a challenge of the will.
Contesting a will can be a complicated and emotional process, but it is essential to protect your rights and assets. If you have grounds for contesting a will, seek experienced legal counsel from RISM LLC in Washington DC. Our attorneys understand the nuances of estate litigation and are dedicated to helping clients resolve their disputes. Understanding the grounds for contesting a will in Washington DC can help you position yourself stronger in this legal process. Contact us today for a consultation.
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