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Urban Thier Federer > Probate Litigation and Will Contests


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Probate Litigation and Will Contests

UTF can assist clients who are involved in a will dispute or other inheritance related issue. For example, a will contest may arise when an omitted heir challenges the validity of a will. A will contest is a form of litigation that can challenge whether or not a will is enforceable. There are many reasons why a will is susceptible to being challenged. Some reasons include:  

  • A will that may have been poorly drafted
  • The testator lacked mental capacity
  • The will fails to comply with legal requirements

UTF can also assist clients in reformation of documents. Often, when a document is not properly drafted, the court may exclude sections of the document that are not enforceable and maintain other sections in force. This power is known as judicial reformation. The firm can provide consultation to clients who believe that a document should not be found enforceable or which they maintain should be enforced once judicially reformed.

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