Challenging an Executor of a Will

If you have been appointed as an Executor of a Last Will or would be an heir on intestacy, you can challenge the appointment of another person as Executor where you have sufficient legal grounds to do so. These grounds arise where, for example, you have a stronger right under law to be appointed as an Executor or where you believe the Will was fraudulently amended. However, the best way to challenge the appointment of an Executor’s is to challenge the legality of the Will itself. To challenge the Will, you will need to take the following steps:-

Step 1          
Get a copy of the Last Will and check that it has been properly executed. If it has been filed in the probate office, you should be able to get a copy there. Alternatively, the existing Executor or lawyer advising the Executor may give you a copy. If it has not been executed, intestacy laws will apply to determine who should be appointed executor.

 

Step 2          
Speak to the people who witnessed the testator execute the Will and see if they can confirm that the testator was aware of what he was signing. If the testator was unaware of what he was signing, you may have a right to have it nullified. Again, intestacy laws will then apply.

 

Step 3          
Enquire as to whether the testator was mentally competent when he signed the Will. If he was not, you can challenge the Will.

 

Step 4          
Check that both of the witnesses were present when the testator signed the Will and again when each beneficiary signed the Will. State laws typically require that all parties are present at the same time when the testator and witnesses execute the Will. Again, a failure to comply with the state laws on execution could give rise to a cause of action to seek to have the Will invalidated.

 

Step 5          
Ask the witnesses whether there was any possibility that the testator was pressurized into signing the Will or if there was an undue influence. Again, if there was you could challenge the Will.

 

Step 6
If you can establish a case to challenge the Will, ask your lawyers to file the appropriate papers in the probate

 

Share   Share this on Twitter   Share this on Linkedin  



Read More Executor and Probate Articles

Read More Estate Planning Articles

 

 

 

 

Executors Guide to Probate

How To Probate An Estate - A Step-By-Step Guide for Executors

 

This book is essential reading for anyone contemplating acting as an executor of someone’s estate! Learn about the various stages of probate and what an executor needs to do at each stage to successfully navigate his way through to closing the estate and distributing the deceased’s assets.

Published December 2010

Buy from Amazon
Amazon Price: $24..95
Buy NowLearn Now
Download $17.95

 

 

Executors What is an Executor of a Will?

 

Executors Who can be an Executor of a Will?

 

Executors General Duties of an Executor

 

Executors Payment of Compensation to Executors

 

 

Free Estate Planning Guide  Free Estate Planning Guide

Free Estate Planning GuideSign up our newsletter
and instantly claim your
FREE estate planning
guide!

   
Name :
Email :


Get It Now!
Free Estate Planning Guide

Will Writer Software  Enodare's Will Writer Software

Will Writer Software

Make Your Legal Documents in Minutes!

  • Last Will & Testament
  • Living Trust
  • Living Will
    • Power of Attorney
  •  And more…..

Will Writer Software

Online Estate Planning  Documents  Online Documents

Make your documents Online

Create Your Document Online!

  • Last Will
  • Living Trust
  • Power of Attorney
  • Living Wills


Make Your Documents Now!

Make your documents online