1
00:00:00,100 --> 00:00:04,500
Will contest a will contest in 
the law of property, is a formal

2
00:00:04,500 --> 00:00:07,600
objection raised against the 
validity of a Will based on the 

3
00:00:07,600 --> 00:00:10,300
contention, that the will does 
not reflect the actual intent of

4
00:00:10,300 --> 00:00:13,500
the testator, the party who made
the will, or that the will is 

5
00:00:13,500 --> 00:00:17,400
otherwise invalid will contest. 
Generally focus on the assertion

6
00:00:17,400 --> 00:00:20,200
that the testator lack 
testamentary capacity was 

7
00:00:20,200 --> 00:00:23,600
operating under an insane 
delusion or was subject to undue

8
00:00:23,600 --> 00:00:26,600
influence or fraud? 
A will may be challenged in its 

9
00:00:26,600 --> 00:00:29,800
entirety or in part courts and 
legislation. 

10
00:00:30,000 --> 00:00:32,800
Generally feel a strong 
obligation to uphold the final 

11
00:00:32,800 --> 00:00:36,000
wishes of a testator. 
And without compelling evidence 

12
00:00:36,000 --> 00:00:39,000
to the contrary, the law 
presumes that a will is valid 

13
00:00:39,000 --> 00:00:41,600
and accurately reflects the 
wishes of the person who wrote 

14
00:00:41,600 --> 00:00:45,300
it, a will may include an in 
terrorem Clause with language 

15
00:00:45,300 --> 00:00:47,400
along the lines of any person 
who can test. 

16
00:00:47,400 --> 00:00:50,200
This will shall forfeit his 
legacy which operates to 

17
00:00:50,200 --> 00:00:53,100
disinherit any person who 
challenges the validity of the 

18
00:00:53,100 --> 00:00:56,400
will such no contest. 
Clauses are permitted under the 

19
00:00:56,400 --> 00:00:59,900
uniform probate code, which most
American states follow at least.

20
00:01:00,000 --> 00:01:02,800
In part. 
However, since the Clause is 

21
00:01:02,800 --> 00:01:05,600
within the will itself a 
successful challenge to the will

22
00:01:05,600 --> 00:01:08,300
renders the Clause. 
Meaningless, many states 

23
00:01:08,300 --> 00:01:11,900
consider such Clauses void as a 
matter of public policy or valid

24
00:01:11,900 --> 00:01:14,100
only if a will is contested 
without probable. 

25
00:01:14,100 --> 00:01:17,500
Cause this article mainly 
discusses American law. 

26
00:01:17,500 --> 00:01:21,400
In cases will contests are more 
common in the United States than

27
00:01:21,400 --> 00:01:24,500
in other countries. 
This prevalence of will contest 

28
00:01:24,500 --> 00:01:27,400
in the US, has partly because 
the law gives people a large 

29
00:01:27,400 --> 00:01:29,800
degree of freedom and disposing 
of their property. 

30
00:01:30,000 --> 00:01:33,100
And also because a number of 
incentives for suing exist in 

31
00:01:33,100 --> 00:01:37,400
American law, side of the merits
of the litigation itself, most 

32
00:01:37,400 --> 00:01:40,500
other legal traditions in for 
some type of forced heirship. 

33
00:01:40,500 --> 00:01:43,400
Requiring that a testator leave 
at least some assets to their 

34
00:01:43,400 --> 00:01:47,700
family, particularly the spouse 
and children standing to contest

35
00:01:47,700 --> 00:01:51,400
will typically standing in the 
United States to contest. 

36
00:01:51,400 --> 00:01:53,800
The validity of a will is 
limited to two classes of 

37
00:01:53,800 --> 00:01:57,400
persons those who are named on 
the face of the will any 

38
00:01:57,400 --> 00:02:00,300
beneficiary. 
Those who would inherit from the

39
00:02:00,300 --> 00:02:02,100
testator if the will was 
invalid. 

40
00:02:02,500 --> 00:02:06,000
For example, Monica makes a will
leaving five thousand dollars 

41
00:02:06,100 --> 00:02:09,900
each to her husband Chandler. 
Her brother Ross, her neighbor, 

42
00:02:09,900 --> 00:02:13,700
Joey, and her best friend, 
Rachel Chandler tells Monica 

43
00:02:13,700 --> 00:02:16,600
that he will divorce her. 
She does not disown Ross, which 

44
00:02:16,600 --> 00:02:21,000
would humiliate her later. 
Ross tells Monica untruthfully 

45
00:02:21,000 --> 00:02:24,000
that Chandler's having an affair
with Phoebe which Monica 

46
00:02:24,000 --> 00:02:27,900
believes distraught, Monica 
rewrites, her will disowning 

47
00:02:27,900 --> 00:02:31,000
both Chandler. 
Ross, the attorney who drafts 

48
00:02:31,000 --> 00:02:33,700
the will accidentally writes, 
the gift to Rachel has five 

49
00:02:33,700 --> 00:02:36,200
hundred dollars instead of five 
thousand dollars. 

50
00:02:36,200 --> 00:02:40,200
And also, accidentally leaves 
Joey had entirely under such 

51
00:02:40,200 --> 00:02:43,700
facts, Chandler can contest. 
The will, is the product of 

52
00:02:43,700 --> 00:02:47,000
fraud in the inducement, because
if the will is invalid, he will 

53
00:02:47,000 --> 00:02:50,000
inherit Monica's property as the
surviving spouse. 

54
00:02:50,500 --> 00:02:53,500
Ross can contest, the will is 
the product of Chandler's undue 

55
00:02:53,500 --> 00:02:55,800
influence. 
As Ross will inherit Monica's 

56
00:02:55,800 --> 00:02:58,700
property of Chandler's, 
Behavior, disqualifies Chandler,

57
00:02:58,800 --> 00:03:02,300
From inheriting however, many 
jurisdictions do not consider a 

58
00:03:02,300 --> 00:03:04,700
threat of divorce to be undue 
influence. 

59
00:03:05,100 --> 00:03:08,100
Rachel has standing to contest, 
the will as she is named in the 

60
00:03:08,100 --> 00:03:11,300
document which you will not be 
permitted to submit any evidence

61
00:03:11,300 --> 00:03:14,000
as to the mistake because it is 
not an ambiguous term. 

62
00:03:14,500 --> 00:03:17,400
Instead, she will have to sue 
Monica's lawyer for legal 

63
00:03:17,400 --> 00:03:19,300
malpractice to recover. 
The difference. 

64
00:03:19,800 --> 00:03:23,500
Finally neither, Joey nor Phoebe
is someone who stands to inherit

65
00:03:23,500 --> 00:03:26,100
from Monica nor is either named 
in the will. 

66
00:03:26,300 --> 00:03:29,900
And so both are barred from 
contesting, the will all Grounds

67
00:03:29,900 --> 00:03:33,000
for contesting will come and 
grounds are reasons for 

68
00:03:33,000 --> 00:03:34,600
contesting. 
A will include lack of 

69
00:03:34,600 --> 00:03:38,700
testamentary capacity, undue 
influence insane, delusion 

70
00:03:38,700 --> 00:03:42,300
fraud, duress, technical flaws 
and forgery lack of 

71
00:03:42,300 --> 00:03:46,100
testamentary, capacity. 
Lack of testamentary capacity 

72
00:03:46,100 --> 00:03:49,200
were disposing, mind, and memory
claims are based on assertions 

73
00:03:49,200 --> 00:03:51,800
that the testator lacked mental 
capacity when the will was 

74
00:03:51,800 --> 00:03:54,800
drafted and they are the most 
common types of testamentary 

75
00:03:54,800 --> 00:03:58,700
challenges, testamentary 
capacity in the United States. 

76
00:03:58,800 --> 00:04:02,000
Akley requires that a testator 
has sufficient mental acuity to 

77
00:04:02,000 --> 00:04:04,600
understand the amount. 
And the nature of the property, 

78
00:04:04,700 --> 00:04:07,400
the family members, and the 
loved ones, who would ordinarily

79
00:04:07,400 --> 00:04:11,200
receive such property by the 
will and see how the will 

80
00:04:11,200 --> 00:04:14,600
dispossess of such property 
under this low standard for 

81
00:04:14,600 --> 00:04:18,200
competence one may possess 
testamentary capacity but still 

82
00:04:18,200 --> 00:04:20,700
lack, mental capacity to sign 
other contracts. 

83
00:04:21,200 --> 00:04:24,300
Furthermore, a testator with 
serious dementia may have lucid 

84
00:04:24,300 --> 00:04:27,500
periods and then is capable of 
writing or modifying, a will 

85
00:04:28,000 --> 00:04:30,400
other nations. 
Germany may have more stringent 

86
00:04:30,400 --> 00:04:33,900
requirements for writing. 
A will lack of mental capacity 

87
00:04:33,900 --> 00:04:37,100
or incompetence is typically 
proven by medical records 

88
00:04:37,200 --> 00:04:40,200
irrational conducted the 
decedent and the testimony of 

89
00:04:40,200 --> 00:04:42,100
those who observe the decedent 
at the time. 

90
00:04:42,100 --> 00:04:45,800
The will was executed simply 
because an individual has a form

91
00:04:45,800 --> 00:04:48,700
of mental illness or disease 
undergoes, mental health 

92
00:04:48,700 --> 00:04:52,300
treatment after repeated suicide
attempts, or exhibits eccentric 

93
00:04:52,300 --> 00:04:55,400
Behavior does not mean the 
person automatically lacks the 

94
00:04:55,400 --> 00:04:58,600
requisite, mental capacity to 
make a will undo it. 

95
00:04:58,800 --> 00:05:01,900
Influence undue influence 
typically involves the 

96
00:05:01,900 --> 00:05:05,900
accusation that a trusted friend
relative or caregiver actively 

97
00:05:05,900 --> 00:05:08,100
procured a new will that 
reflects that person's own 

98
00:05:08,100 --> 00:05:11,900
desires rather than those of the
testator such allegations are 

99
00:05:11,900 --> 00:05:14,600
often closely linked to lack of 
mental capacity. 

100
00:05:14,700 --> 00:05:17,600
Someone of sound mind is 
unlikely to be swayed by undue 

101
00:05:17,600 --> 00:05:20,800
influence. 
Pressure manipulation Etc. 

102
00:05:20,800 --> 00:05:23,800
As it is required for 
invalidation of a will undo 

103
00:05:23,800 --> 00:05:27,400
influence must amount to over 
persuasion to rest, Force, 

104
00:05:27,600 --> 00:05:29,600
coercion or are For or 
fraudulent. 

105
00:05:29,600 --> 00:05:32,600
Contrivance has to such a degree
that there is destruction of the

106
00:05:32,600 --> 00:05:36,100
free agency and will power of 
the one making the will mirror 

107
00:05:36,100 --> 00:05:39,500
affection kindness or attachment
of one person for another main 

108
00:05:39,500 --> 00:05:43,300
out of itself, constitute an 
undue influence for example, 

109
00:05:43,300 --> 00:05:46,500
Florida law gives a list of the 
types of active procurement. 

110
00:05:46,500 --> 00:05:48,100
That will be considered in 
invalidating. 

111
00:05:48,100 --> 00:05:51,400
A will presence of the 
beneficiary at the execution of 

112
00:05:51,400 --> 00:05:54,200
the will presence of the 
beneficiary on those occasions. 

113
00:05:54,200 --> 00:05:57,000
When the testator expressed a 
desire to make, a will 

114
00:05:57,000 --> 00:06:00,600
recommendation by the Hyeri of 
an attorney to draw, the will 

115
00:06:00,600 --> 00:06:03,500
knowledge of the contents of the
will by the beneficiary. 

116
00:06:03,500 --> 00:06:07,200
Prior to execution, giving of 
instructions on preparation of 

117
00:06:07,200 --> 00:06:10,100
the will by the beneficiary to 
the attorney drawing, the will 

118
00:06:10,100 --> 00:06:13,600
securing of witnesses to the 
will by the beneficiary and 

119
00:06:13,600 --> 00:06:15,800
safekeeping of the will by the 
beneficiary. 

120
00:06:15,800 --> 00:06:20,800
Subsequent to execution in most 
us States, including Florida, if

121
00:06:20,800 --> 00:06:23,300
the Challenger of a will is able
to establish that it was 

122
00:06:23,300 --> 00:06:26,500
actively procured the burden of 
proof shifts to the person. 

123
00:06:26,500 --> 00:06:29,200
Seeking to uphold the will to 
establish that the Was not the 

124
00:06:29,200 --> 00:06:33,000
product of undue influence. 
However, undue influence is 

125
00:06:33,000 --> 00:06:36,500
notoriously difficult to prove 
and establishing the someone has

126
00:06:36,500 --> 00:06:39,100
the means motive and inclination
to exert. 

127
00:06:39,100 --> 00:06:42,100
Undue influence, has not enough 
to prove that the person in fact

128
00:06:42,100 --> 00:06:44,600
exerted such influence in a 
particular case. 

129
00:06:45,100 --> 00:06:48,300
However attorneys are often held
to a higher standard and our 

130
00:06:48,300 --> 00:06:50,700
suspect if they assist in 
drafting, a will that names 

131
00:06:50,700 --> 00:06:52,900
them? 
As a beneficiary, in many 

132
00:06:52,900 --> 00:06:56,000
jurisdictions, a legal 
presumption of undue influence 

133
00:06:56,000 --> 00:06:57,600
arises? 
When there is a finding of a 

134
00:06:57,600 --> 00:07:00,800
confidential or fiduciary 
relationship. 

135
00:07:00,800 --> 00:07:03,700
The active procurement of the 
will by the beneficiary and a 

136
00:07:03,708 --> 00:07:06,800
substantial benefit to that 
beneficiary, such as if the 

137
00:07:06,800 --> 00:07:09,900
testator leaves property to the 
attorney who drew up, the will 

138
00:07:10,500 --> 00:07:13,400
however, that is dependent on 
the circumstances of such a 

139
00:07:13,400 --> 00:07:15,300
relationship. 
And typically, the burden is 

140
00:07:15,300 --> 00:07:17,700
initially on the person, 
contesting, as show undue 

141
00:07:17,700 --> 00:07:21,900
influence proving undue 
influence is difficult in 

142
00:07:21,900 --> 00:07:24,100
Australia. 
A challenger must show that the 

143
00:07:24,100 --> 00:07:26,700
Free Will of the testator has 
been overborne by words and 

144
00:07:26,700 --> 00:07:28,600
actions of the alleged 
wrongdoers. 

145
00:07:28,800 --> 00:07:31,500
To such an extent that the 
deceased freedom of test station

146
00:07:31,500 --> 00:07:35,800
has been taken away, insane 
delusion, insane delusion is 

147
00:07:35,800 --> 00:07:38,800
another form of incapacity in 
which someone executes, a will 

148
00:07:38,800 --> 00:07:42,100
while strongly holding a fixed 
false belief, without hypothesis

149
00:07:42,300 --> 00:07:45,300
having no foundation. 
In reality, other courts have 

150
00:07:45,300 --> 00:07:48,000
expanded on this concept by 
adding that the fixed false 

151
00:07:48,000 --> 00:07:51,100
belief must be persistently 
adhered to against all evidence,

152
00:07:51,100 --> 00:07:54,300
and reason and the irrational 
belief must have influenced the 

153
00:07:54,300 --> 00:07:58,100
drafting or provisions of the 
will in Florida, one of the most

154
00:07:58,100 --> 00:08:00,100
often cited. 
Good court, rulings on insane. 

155
00:08:00,100 --> 00:08:03,900
Delusion is from 2006. 
In this case, the decedent 

156
00:08:03,900 --> 00:08:07,800
executed, a new will in 2005 in 
the hospital, with severe pain 

157
00:08:07,800 --> 00:08:10,200
and under the influence of a 
strong medication. 

158
00:08:10,700 --> 00:08:13,800
She died the next day, the 
Newell disinherited, the 

159
00:08:13,800 --> 00:08:16,200
caretaker and left the 
decedent's estate to several 

160
00:08:16,200 --> 00:08:18,800
Charities. 
The caretaker asserted that the 

161
00:08:18,808 --> 00:08:21,700
decedent was suffering from an 
insane delusion at the time, the

162
00:08:21,700 --> 00:08:25,200
will was executed and that she, 
the slack testamentary capacity,

163
00:08:25,700 --> 00:08:28,900
the decedent's Physicians, 
testified regarding the The 

164
00:08:28,908 --> 00:08:32,500
decedent was taking and how it 
had changed her personality, a 

165
00:08:32,508 --> 00:08:34,900
psychiatrist who saw the 
decedent opined that. 

166
00:08:34,900 --> 00:08:36,700
She was delusional. 
When she stated that the 

167
00:08:36,700 --> 00:08:39,600
caretaker had abandoned her and 
had killed her dog. 

168
00:08:40,000 --> 00:08:43,299
To the contrary Witnesses and 
evidence supported the position 

169
00:08:43,299 --> 00:08:46,300
that the caretaker visited, the 
decedent in the hospital every 

170
00:08:46,300 --> 00:08:49,500
day, and the caretaker gave 
credible testimony that she was 

171
00:08:49,500 --> 00:08:52,500
continuing to care for the dog 
accordingly. 

172
00:08:52,600 --> 00:08:55,500
The court set aside, the will is
invalid based upon insane. 

173
00:08:55,500 --> 00:09:00,100
Delusion duress duress involves 
Some threat of physical harm or 

174
00:09:00,100 --> 00:09:03,100
coercion upon the testator by 
the perpetrator that caused the 

175
00:09:03,100 --> 00:09:07,300
execution of the will fraud. 
There are four General elements 

176
00:09:07,300 --> 00:09:10,600
of fraud false representations 
of material facts to the 

177
00:09:10,600 --> 00:09:13,000
testator knowledge by the 
perpetrator that the 

178
00:09:13,008 --> 00:09:15,200
representations are false 
intent. 

179
00:09:15,200 --> 00:09:18,600
That the representations be 
acted upon and resulting injury.

180
00:09:19,100 --> 00:09:22,700
There are two primary types of 
fraud fraud in the execution. 

181
00:09:22,700 --> 00:09:25,600
For example, the testator was 
told the will he signed with 

182
00:09:25,600 --> 00:09:28,500
something other than a will and 
fraud in the inducement? 

183
00:09:28,700 --> 00:09:31,700
Example, the testator is 
intentionally misled by a 

184
00:09:31,708 --> 00:09:34,500
material fact that caused the 
testator to make a different 

185
00:09:34,500 --> 00:09:37,800
device from the one, he would 
otherwise have made technical 

186
00:09:37,800 --> 00:09:41,500
flaws, a will contest may be 
based upon, alleged failure to 

187
00:09:41,500 --> 00:09:43,200
adhere to the legal formalities 
required. 

188
00:09:43,200 --> 00:09:47,500
In a particular jurisdiction. 
For example, some states require

189
00:09:47,500 --> 00:09:51,300
that Wills must use specific 
terminology or jargon, must be 

190
00:09:51,300 --> 00:09:54,900
notarized must be witnessed by a
certain number of persons or 

191
00:09:54,900 --> 00:09:57,500
witnessed by disinterested 
parties who are not relatives 

192
00:09:57,500 --> 00:10:00,500
inherit nothing in The will and 
are not nominated as an 

193
00:10:00,500 --> 00:10:04,300
executor, Additionally, the 
testator in Witnesses must 

194
00:10:04,300 --> 00:10:06,800
generally sign the will and each
other's sight and physical 

195
00:10:06,800 --> 00:10:11,000
presence for example in Utah. 
A woman's be signed by the 

196
00:10:11,000 --> 00:10:14,300
testator or in the testator's 
name by some other individual in

197
00:10:14,300 --> 00:10:16,900
the testator's conscious 
presence and by the testator's 

198
00:10:16,900 --> 00:10:21,300
direction and signed by at least
two individuals, each of whom 

199
00:10:21,300 --> 00:10:24,200
signed within a reasonable time 
after he witnessed, either the 

200
00:10:24,200 --> 00:10:28,000
signing of the will or the 
testator's acknowledgement in a 

201
00:10:28,008 --> 00:10:30,500
Pennsylvania. 
Case the wheels of a husband and

202
00:10:30,500 --> 00:10:33,300
wife were invalidated because 
they accidentally signed each 

203
00:10:33,300 --> 00:10:37,600
other's Wills forgery in some 
cases, a will contest is based 

204
00:10:37,600 --> 00:10:41,300
on allegations that the will is 
forged forgery can range from 

205
00:10:41,300 --> 00:10:44,100
the fabrication of an entire 
document, including the 

206
00:10:44,100 --> 00:10:47,600
signatures to the insertion or 
modification of pages in an 

207
00:10:47,600 --> 00:10:51,600
otherwise legitimate will 
according to a 2009 Wall Street 

208
00:10:51,600 --> 00:10:54,700
Journal article charges of 
forgery, or more common than 

209
00:10:54,700 --> 00:10:57,600
proven cases of it. 
They often originate with an 

210
00:10:57,600 --> 00:11:00,500
adult child, who Ooh, feeling 
sure changed in a parents. 

211
00:11:00,500 --> 00:11:02,700
Will accuses a sibling of 
doctoring? 

212
00:11:02,700 --> 00:11:06,400
The document notable cases of 
forged wheels include the Mormon

213
00:11:06,400 --> 00:11:08,600
will allegedly written by 
reclusive business. 

214
00:11:08,600 --> 00:11:13,500
Tycoon, Howard Hughes, 1905 to 
1976 and The Howlin Wolf, or 

215
00:11:13,500 --> 00:11:17,600
jury trial 1868 in which 
sophisticated mathematical 

216
00:11:17,600 --> 00:11:19,500
analysis. 
Showed that the signature on a 

217
00:11:19,500 --> 00:11:23,200
will, was most likely forged 
British physician Harold Shipman

218
00:11:23,200 --> 00:11:26,300
killed numerous elderly patients
and was caught after forging. 

219
00:11:26,300 --> 00:11:28,400
One patients will the benefit 
himself. 

220
00:11:28,800 --> 00:11:32,400
Legal inheritance rights, some 
jurisdictions permit, an 

221
00:11:32,400 --> 00:11:35,200
election, against the will buy a
widowed spouse or orphaned 

222
00:11:35,200 --> 00:11:37,800
children. 
That is not a contest against 

223
00:11:37,800 --> 00:11:40,000
the will itself. 
The validity of the will is 

224
00:11:40,000 --> 00:11:43,600
irrelevant but an alternate 
procedure established by Statute

225
00:11:43,600 --> 00:11:47,400
to contest the disposition of 
property in the United Kingdom. 

226
00:11:47,400 --> 00:11:50,100
Will's are often contested on 
the basis that a child of the 

227
00:11:50,100 --> 00:11:53,600
deceased, or somebody treated as
such was bequeath, nothing or 

228
00:11:53,600 --> 00:11:57,600
less than could reasonably be 
expected statutory jurisdiction 

229
00:11:58,200 --> 00:12:01,200
certain Jurisdictions, like 
Australia, and it states and 

230
00:12:01,200 --> 00:12:04,000
territories have enacted 
legislation such as the 

231
00:12:04,000 --> 00:12:08,200
succession act 2006. 
Nsw that permits, an eligible 

232
00:12:08,200 --> 00:12:09,300
person to contest. 
A will. 

233
00:12:09,300 --> 00:12:12,100
If it failed to adequately 
provide for that person's proper

234
00:12:12,100 --> 00:12:14,900
education, maintenance an 
advancement in life. 

235
00:12:15,400 --> 00:12:19,100
Practicability in the United 
States research finds that 

236
00:12:19,100 --> 00:12:23,400
between half a percent and 3% of
Wills are contested despite that

237
00:12:23,400 --> 00:12:26,100
small percentage given the 
millions of American wolf. 

238
00:12:26,100 --> 00:12:28,600
Probated every year, it means 
that a substantial number. 

239
00:12:28,700 --> 00:12:33,000
If Will contest occur as of the 
mid-1980s, the most common 

240
00:12:33,000 --> 00:12:36,200
reason for contesting a will, is
undue influence and, or supposed

241
00:12:36,200 --> 00:12:39,000
lack of testamentary capacity 
accounting for about 

242
00:12:39,000 --> 00:12:40,700
three-quarters of will 
contest's. 

243
00:12:40,900 --> 00:12:44,500
Another 15% of will contests are
based on an alleged failure to 

244
00:12:44,500 --> 00:12:47,600
adhere to required formalities. 
In the disputed, will the 

245
00:12:47,600 --> 00:12:51,100
remainder of contest involve 
accusations of fraud, insane, 

246
00:12:51,100 --> 00:12:53,800
delusion Etc. 
The vast majority of will 

247
00:12:53,800 --> 00:12:57,400
contests are not successful in 
part because most States tend to

248
00:12:57,400 --> 00:13:00,400
assume that a properly. 
Executed will is valid, and it 

249
00:13:00,400 --> 00:13:03,300
tested or possesses the 
requisite, mental capacity to 

250
00:13:03,300 --> 00:13:06,300
execute a will unless the 
contesting party can demonstrate

251
00:13:06,300 --> 00:13:09,400
the contrary position by clear 
and convincing evidence 

252
00:13:09,800 --> 00:13:13,100
generally proponents of a woman 
establish, its validity by a 

253
00:13:13,100 --> 00:13:15,900
preponderance of evidence but 
those contesting a woman's 

254
00:13:15,900 --> 00:13:19,000
Prevail by showing clear and 
convincing evidence the latter. 

255
00:13:19,000 --> 00:13:21,200
Requiring a much higher standard
of proof. 

256
00:13:21,700 --> 00:13:25,100
Contesting, a will can be 
expensive according to a Boston 

257
00:13:25,100 --> 00:13:28,400
area estate planning attorney 
quoted in consumer reports. 

258
00:13:28,700 --> 00:13:32,400
March 2012, a typical will 
contest will cost ten thousand 

259
00:13:32,400 --> 00:13:34,700
dollars to fifty thousand 
dollars and that's a 

260
00:13:34,700 --> 00:13:38,100
conservative estimate cost can 
increase even more of a will 

261
00:13:38,100 --> 00:13:40,400
contest. 
Actually goes to trial and the 

262
00:13:40,400 --> 00:13:43,400
overall value of an estate can, 
determine if a will contest, is 

263
00:13:43,400 --> 00:13:46,700
worth the expense. 
In some cases, the threat of a 

264
00:13:46,700 --> 00:13:48,700
will contest is intended to both
pressure. 

265
00:13:48,700 --> 00:13:51,500
The estate into avoiding the 
expense of a trial and forcing 

266
00:13:51,500 --> 00:13:54,800
an out-of-court settlement, more
favorable to disgruntled Aires. 

267
00:13:55,200 --> 00:13:57,600
However, those who make 
frivolous or groundless 

268
00:13:57,600 --> 00:14:00,700
objections to We will may be 
forced to pay the cost for both 

269
00:14:00,700 --> 00:14:04,100
sides in the court battle courts
do not necessarily look to 

270
00:14:04,100 --> 00:14:07,300
fairness during will contests 
and a considerable portion of 

271
00:14:07,300 --> 00:14:10,200
will, contests are initiated by 
those who have no cause of 

272
00:14:10,200 --> 00:14:13,400
action, justifying a court case,
but are instead reacting to hurt

273
00:14:13,400 --> 00:14:17,100
feelings of disinheritance. 
In other words, just because the

274
00:14:17,100 --> 00:14:19,800
provisions of a woman, a seem 
unfair does not mean that the 

275
00:14:19,800 --> 00:14:22,900
will is invalid. 
Therefore, Wills cannot be 

276
00:14:22,900 --> 00:14:24,900
challenged simply because a 
beneficiary. 

277
00:14:24,900 --> 00:14:28,900
Believes The Inheritance or lack
thereof is unfair in the It 

278
00:14:28,900 --> 00:14:30,800
states. 
The decedent generally has a 

279
00:14:30,800 --> 00:14:33,500
legal right to dispose of 
property in any way, that is 

280
00:14:33,500 --> 00:14:38,100
legal consequences, depending on
the grounds, the result of a 

281
00:14:38,100 --> 00:14:41,300
will contest. 
Maybe invalidity of the entire 

282
00:14:41,300 --> 00:14:45,000
will resulting in an intestacy 
or reinstatement of an earlier, 

283
00:14:45,000 --> 00:14:47,800
will invalidity of a cause or 
gift. 

284
00:14:47,800 --> 00:14:50,500
Requiring, the court to apply 
principles of intestate 

285
00:14:50,500 --> 00:14:54,300
succession, or to decide which 
beneficiary, or charity receives

286
00:14:54,300 --> 00:14:57,200
the charitable bequest by using 
the Equitable doctrine of PSI 

287
00:14:57,200 --> 00:15:00,200
president. 
Diminution of certain gifts and 

288
00:15:00,200 --> 00:15:02,900
increase of other gifts to the 
widowed spouse, or orphaned 

289
00:15:02,900 --> 00:15:05,300
children, who would now get 
their elective share.