Legal Representation In Will Contests

A well-crafted estate plan reduces the possibility that a will or some other aspect of the administration of an estate will be challenged. However, a dispute can arise over the best-structured estate plans.

At True Guarnieri Ayer, LLP, our attorneys represent clients who wish to dispute a will or executors who face a legal challenge of a will.

Reasons For Contesting A Will

There are many reasons why a will may be contested. These include:

  • Lack of testamentary capacity — There are concerns that the person drafting the will (the testator) did not comprehend the value of the estate, the effect of the directions in the will, the consequences of including or excluding certain people, or may have a disorder of the mind that influences their views.
  • Undue influence — Aspects of a will are the direct result of significant coercion by another person.
  • Fraud — A will may be voided if it can be shown the testator's signature was forged, a testator was tricked into signing the will or a testator structured any aspect of a will as a direct result of being told something that was not true.
  • Lack of due execution — A will may be voided if it fails to meet the requirements of the Kentucky state law regarding wills. In Kentucky, a testator must be at least 18 years old and must sign the will in the presence of two credible witnesses. The witnesses also must sign the will. A testator who is unable to sign a will must direct someone to sign the will for them.
  • Breach of fiduciary duty — This occurs if a party feels an executor or estate administrator fails to act in the estate beneficiaries' best interest.

Trusted Legal Guidance In Estate Litigation

Our lawyers have decades of experience in estate litigation. In some instances, disputes can be resolved through negotiation. In other cases, it is necessary to go to trial.

We welcome the opportunity to review the facts of your estate litigation matter and recommend an effective course of action. Call Richard M. Guarnieri, William C. Ayer, Jr., or Philip C. Lawson at 502-783-7662 or use our online contact form to schedule a consultation.