Although you want to respect your loved one’s final wishes, it is not uncommon to be concerned that a Last Will and Testament submitted to the court does not fully represent their intentions. This situation can be emotionally challenging, making it crucial to understand your legal rights and the options available to you in these situations.
What Does It Mean To Contest a Will in Louisiana?
When someone contests or challenges a Will, they are asserting that it was not executed under the legal requirements established by Louisiana law. Some of the more common grounds on which a Will can be contested include the following:
Lack of Testamentary Capacity
This means that at the time of creating the Will, the testator (the individual who created the Will) did not have the mental capacity to understand the nature and consequences of making a Will. If it can be shown that the testator was not of sound mind, the will may be deemed invalid.
Undue Influence
A Will can be contested if it is believed that the testator was coerced or influenced by another party to create the Will in a way that did not reflect their true intentions. This typically involves demonstrating that one person exerted such pressure on the testator that it compromised their free will.
Failure to Meet Legal Formalities
In Louisiana, specific legal formalities, such as proper signing and witnesses, must be followed for a Will to be valid. If these requirements are not met, the Will may be declared invalid.
Fraud
A Will can also be contested in Louisiana if there is evidence that the testator was intentionally misled or deceived into signing the Will. This may involve demonstrating that false information was presented to the testator or that they were subjected to manipulative tactics that influenced their decision to execute the Will.
Mistakes
Demonstrating that the testator signed the Will due to a misunderstanding or mistake, particularly noting that it was not formed following legal requirements, can serve as a legitimate basis for contesting the Will. However, this may require evidence that the testator was unaware of essential provisions, lacked comprehension of the document’s consequences, or that significant inaccuracies or omissions existed in the Will that would nullify its execution.
Revocation
If the Will was destroyed or revoked before the testator’s passing, it may not be considered valid. This could occur if the individual intentionally destroyed the document or created a new Will that supersedes the previous one.
Who Can Contest a Will in Louisiana?
In Louisiana, contesting a Will is a legal process that is reserved for individuals who have a legitimate interest in the outcome of a succession case. As a result, to be eligible to formally challenge the validity of a Will, individuals must satisfy two key criteria:
- They must have a valid legal reason to dispute the Will. This could include claims that the document was not properly executed, that the testator lacked the necessary mental capacity at the time of signing, or that there was evidence of undue influence or fraud involved in creating the Will.
- They should have the legal right to inherit property. This right can arise from the provisions laid out in the Will or Louisiana’s laws of intestacy, which govern how assets are distributed when someone passes away without a valid Will.
If both of these conditions are met, consider consulting with an experienced estate planning lawyer. These legal professionals can help you understand your options and navigate the complexities of contesting the Will effectively.
Contact Losavio & DeJean Today To Learn More About Contesting a Will
If you are dealing with a contested Will or want information about contesting a Will in Louisiana, contact Losavio & DeJean to review your questions and concerns with an experienced Louisiana estate planning attorney.