A Last Will and Testament is intended to reflect the final wishes of the deceased, but disputes sometimes arise during the probate process. Contesting a Will can be a complex and emotionally charged process, but Arkansas law provides a legal framework for individuals to challenge the validity of a Will if there are legitimate concerns. If you are considering contesting a Will in Arkansas, it is important to understand the grounds for a contest, the steps involved, and the potential outcomes. Toward that end, the attorneys at Wilcox Attorneys, PA explain what you need to know about contesting a Will in Arkansas.
Grounds for Contesting a Will in Arkansas
In Arkansas, a Will is presumed to be valid once it is admitted to probate which means you must allege legal grounds on which the Will could be declared invalid to challenge the Will’s validity. Grounds on which a Will can be declared invalid in Arkansas include:
- Lack of Testamentary Capacity: The person who created the Will (the testator) must have been of sound mind at the time the Will was executed. If the testator did not understand the nature of their assets, the people who would ordinarily inherit, or the legal effect of signing the Will, it may be invalid.
- Undue Influence: If someone exerted excessive pressure or manipulation over the testator to influence the terms of the Will, it could be invalidated. This often involves close relationships where the influencer benefits significantly from the Will.
- Fraud: A Will may be contested if it was procured through deceit, such as tricking the testator into signing the document under false pretenses.
- Improper Execution: Arkansas law requires specific formalities for a Will to be valid. It must be in writing, signed by the testator, and witnessed by at least two individuals. Failure to meet these requirements could render the Will invalid.
- Revocation: If a newer Will exists or the original Will was revoked by the testator, the contested document may not be valid.
Who Can Contest a in Arkansas?
In Arkansas, only individuals with “standing” can contest a Will. This means you must have a direct financial interest in the outcome of the probate process and typically refers to:
- Heirs who would inherit under Arkansas’s intestate succession laws if the Will were deemed invalid.
- Beneficiaries named in the Will admitted for probate.
- Beneficiaries named in a previous version of the Will.
- Creditors.
The Process of Contesting a Will
Contesting a Will involves several legal steps, which must be initiated within specific time frames. In Arkansas, a Will contest should be initiated prior to the Will being admitted for probate. If the Will has already been admitted for probate, the law allows you 120 days within which you need to begin the process of contesting the Will. The process of contesting a Will in Arkansas generally includes:
- Filing a Petition: To challenge a Will, you must file a formal petition with the probate court outlining the grounds for the contest and providing supporting evidence.
- Discovery: During this phase, both sides can gather evidence, such as medical records, witness testimony, and financial documents, to support their arguments.
- Court Hearings: The court will hold hearings to review the evidence and arguments presented by both parties.
- Court Decision: After considering the evidence, the court will determine whether the Will is valid or should be invalidated. If the Will is deemed invalid, the court may rely on a previous version of the Will or distribute the estate according to Arkansas’s intestate succession laws.
If you believe you have grounds to contest a Will in Arkansas, seeking the advice of an experienced probate attorney is crucial to help evaluate the strength of your case, guide you through the procedural requirements, and represent your interests in court.
Do You Need Help Contesting a Will in Arkansas?
For additional information, please sign up for one of our FREE estate planning webinars. If you need assistance contesting a Will in Arkansas, contact the experienced Washington County, Fayetteville, Springdale, Rogers, Bentonville, and Northwest Arkansas probate attorneys at Wilcox Attorneys, PA by calling 479-443-0062 to schedule your appointment today.
Learn more about Audra here