The Contested Will and Breach of Fiduciary Duties

Contested wills happen when beneficiaries don’t like the provisions contained within a will. At this point, it’s time to call expert lawyers like Laura and Lance Sharp at The Sharp Law Firm in Austin, Texas.

It’s very important for those who wish to contest a will that they are aware that if they successfully manage to contest a will, it will be set aside. Once it is set aside a previous will is then considered to be the valid will and its provisions will dictate how the estate is divided. It would be a smart move to make sure the older will, if there is one in existence, is beneficial to those contesting the current will.

If there isn’t an older will, then the one that was set aside would be dealt with as if it were intestacy. This means the courts will then decide how things will be distributed. So unless there is some significant benefit to be had by contesting a will, which happens to be a long, involved and expensive process, then it may be a wise move to go with the current one.

Basically a contested will is a formal objection raised about how valid the will actually is, with the main objection usually being that it doesn’t reflect the real intent of the testator. This most often happens in cases where there are large estates and a lot of money or people involved. An executor is required to defend the deceased’s will.

Wills are contested on a variety of grounds that include the person who wrote the will was delusional, insane or subject to undue influence of some type. In instances where a will is contested, there are three kinds of people objecting – those named in the will, those who inherit if the will is invalid, and those who claim they should have been included in the will, but were prevented by someone who is in the will.

You need to give consideration to what may happen when the trustee doesn’t follow the wishes specifically outlined in the will. You also need to think about what might happen if Uncle Frank or Aunt Sally use the money for his or her own needs. If things like this happen, the people involved have breached a fiduciary duty to the trustee. This is the time to call an experienced lawyer such as Laura or Lance Sharp at The Sharp Firm.

Hiring a wills attorney with the kind of expertise that Lance or Laura Sharp of The Sharp Law Firm in Austin, Texas, possess ensures that a contested will case is handled with dignity and discretion.

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