Will Contest Lawyer in Nashville
A will contest can sever relationships between the surviving friends and family members of someone who has died unless the contest is carefully addressed. How attorneys approach will contests make all the difference in the pain and suffering caused by legal proceedings – but it’s up to you to decide if a will contest is worth the fight.
Are Will Contests Worth It?
Will contests are generally worth the extra attorney fees, court hearings, and added stress if the plaintiff has a firm belief that an inheritance is rightfully his or hers. Often, will contests occur when the deceased left more than one will, with significant changes made on the later will. This can happen if a deceased person was recently remarried, had additional children or stepchildren, or had a falling out with a family member.
If you succeed in a will contest, the original will is the one the court will enforce. If there is no earlier will, you can base your contest on how Tennessee intestate laws decided to divide the estate. The statute of limitations in Tennessee makes it mandatory for all will contests to occur within two years of the time the court approved a will for probate. A court may waive this two-year rule if the plaintiff was under the age of 18 at the time or in lieu of a discovery of a new (more recent) will after the two years has ended.
If the validity of a will is questionable, the attorneys at Larry R. Williams, PLLC, recommend you seek justice in the form of a will contest. We’ve represented will contest cases where the plaintiff called into question the capacity of the deceased person to create a will or asserted that the deceased person was under another’s influence when creating the will, such as a new stepparent, friend, or fraudulent party.
Grounds for Contesting a Will
For a court to allow a will contest in Tennessee, the plaintiff must have proper court “standing” – meaning the terms of the contested will must affect him or her in some way. Common grounds for a will contest include:
- Undue influence in the creation of a will or subsequent will.
- Lack of capacity (soundness of mind) to create a will.
- Unacceptable execution.
Courts allow anyone over the age of 18 and of sound mind to contest a will if he or she has proper standing. If you believe you have due cause to contest a loved one’s will, don’t let the extra costs and effort sway your decision. If you firmly believe your loved one would have created a different will under different circumstances, the court may invalidate or partially revoke the questionable will.
Your Will Contest Lawyers in Nashville
At Larry R. Williams, PLLC, we believe in doing everything in our power to secure peace of mind and closure for those left behind after a death in the family. If you are considering contesting your loved one’s will on the grounds of undue influence, fraud, unsound mind, or other applicable reasons, contact us today to get professional, expert advice about your case. We’ll give you an honest opinion about your chances of winning a contest and advise how you should proceed.
Larry R. Williams and his son, Jonathan Williams, handpicked the team of qualified attorneys at their firm for legal expertise, extensive case experience in Tennessee, and a passion for securing justice. If you need our help to defend a will contest case in the Nashville area, don’t hesitate to call us at (615) 256-8880. Will contest cases can be wrought with emotional upheaval, broken relationships, and high-stress litigations. Trust our attorneys to lift the weight from your shoulders and work hard so you can focus on closure and peace of mind.