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This article and this website is for informational purposes only and does not constitute legal advice. This information provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter and not rely on the content of this article. Nothing on this site is intended to create an attorney-client relationship and nothing posted constitutes legal advice. We cannot guarantee that the information is accurate, complete or up-to-date.

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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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