Legal Blog

Contested Will Providence – 4 Issues You Need to Understand

Many of the people looking for a lawyer who handles contested will Providence issues are eager to challenge a will. And while there may be valid reasons for doing that, it’s essential to understand that contesting a will is not an easy process.

What happens when you sign a contested will Providence:

A contested will Providence can only be legally called into questions if it meets one of these four qualifications:

The Signing of the Will Violated State Laws

Rhode Island state laws dictates how a will must be signed in order for it to be considered valid. This is a minor piece of procedure, but if it is not followed, a contested will Providence case may be possible. Do not assume that just because a will was signed in a lawyer’s office that it was signed according to the applicable laws. Violation of state standards is difficult to prove, but it the is most common strategy for a contested will Providence.

A Person Lacked the Capacity to Sign a Will

If the person signing a will was in some way unable of understanding the document that he or she was signing, that will may be contested. However, there is a high bar to clear to prove incapacity. Even people with cognitive disabilities have the right to draft and sign a will legally.

A Person was Coerced into Signing a Will

If a person signing a will was pressured or otherwise forced to sign, a contested will Providence case is a possibility. But proving that someone was unduly influenced into signing a will is very difficult. There are all sorts of influential and even intimidating behaviors that are perfectly permissible in the eyes of the law.

The Will is a Product of Fraud

Someone must know they are singing a will in order for that will to be valid. If they believe they are signing something else, a power of attorney agreement for example, a contested will Providence lawyer should be consulted. Just be aware that proving fraud is not easy to do when all you have to rely on is the testimony of a few witnesses.

If you need help with contested will Providence, let the team at The Law Office of Jay Bianco evaluate your case. Call 401-206-0098 for a free consultation.