Disputes over wills arise when family members or beneficiaries disagree about the validity of a will. In Arkansas, like in other states, laws guide how to handle these disputes. Understanding the process can help prevent confusion and ensure that you distribute your estate according to your wishes.
Grounds for contesting a will
In Arkansas, you can contest a will on several grounds. The most common reason for contesting a will is claims of fraud, undue influence, or lack of mental capacity when the will was created.
You might argue that the deceased was coerced into making the will or that they didn’t understand the document they signed. Another reason to contest a will is if it doesn’t meet legal requirements.
The process of contesting a will
To contest a will in Arkansas, you must file a petition in probate court. You need to explain the reason for the dispute and present evidence to support the claim. If the court finds valid reasons to challenge the will, it may declare the will invalid or modify its terms. The court may also allow the probate process to proceed with the decedent’s previous will or apply the state’s intestacy laws if the court invalidates the will.
Time limitations for contesting a will
In Arkansas, you must file a will contest within a specific time frame. Typically, you have up to six months from the date the court admits the will to probate to challenge its validity. Failing to file within this window results in losing the opportunity to dispute the will.
Protecting your estate from disputes
To avoid potential disputes, ensure that your will is legally sound. Having clear documentation, including signed and witnessed forms, reduces the chances of someone contesting your will. Consulting with an estate planning professional helps ensure your will is properly drafted to avoid confusion and protect your wishes.