Closing out a loved one's estate can prove to be a challenging task. No one looks forward to it. Everyone looks forward to getting it over with. Unfortunately, probate in Oregon can take much longer than expected if someone chooses to contest a will officially. Estate administration and litigation can drag on for months or even years if this happens.
In order to successfully challenge a will, the individual filing the claim has to have sufficient evidence that the document is invalid. Obtaining such evidence is not always easy. Presenting such evidence and fighting one's case in court is difficult as well.
There are only a few reasons a court would allow for the contesting of a will. First, if a will is unsigned or lacks the appropriate number of witnesses, it may not be held as a valid document. Second, if there are concerns over the testator's ability to understand the consequences of what he or she was signing, it may be held invalid. Third, if evidence of fraud or undue influence exists in the creation of a will, the document may be thrown out.
The purpose of a will is to ensure a testator's wishes are known and honored. That is why it needs to be created voluntarily and at a time when the testator understands what it is he or she is doing. If one believes that their loved one's will does not represent his or her true wishes or that it was created in a questionable way, one may, with the assistance of an Oregon-based estate administration and litigation attorney, officially contest the will in court to change how the estate is ultimately divided among beneficiaries.