Will Contests

Memphis Will Contest Lawyer The death of a beloved family member can bring the surviving members closer together – or it can ignite simmering tensions and explode into a torrent of bitter feelings and legal disputes. While these disputes are...

Memphis Will Contest Lawyer

The death of a beloved family member can bring the surviving members closer together – or it can ignite simmering tensions and explode into a torrent of bitter feelings and legal disputes. While these disputes are common where the deceased died without leaving a will, they can also arise even where there is a valid will. These disputes usually lead to litigation in court, where the judicial system is called upon to interpret the validity and terms of the deceased’s estate-planning documents.

Will contests are legal proceedings that attack a part of or the entirety of a deceased’s will. Legal representation is highly recommended as these disputes require a thorough understanding of probate law as well as statutes affecting estate plans and their corresponding documents. Douglass & Runger, PLLC, Attorneys at Law, have the knowledge and dedication to provide exceptional legal representation during these tense proceedings.

Why Would Anyone Want To Contest A Family Member’s Will?

A will is designed to help provide the court and a person’s surviving family members with certainty in the wake of the person’s death by outlining the assets the person owns and to whom the person wishes the assets to pass. Some family members or others may believe that the will does not accurately reflect the wishes of the deceased; others may have more nefarious reasons for wanting to attack the will. But any attack against a will must typically be raised when the will is offered by the executor or administrator of the deceased’s estate to the court.

What Types Of Challenges Can Be Raised Against A Will?

There are a variety of grounds upon which a will can be attacked. Some may not be available in all cases: the language and nature of the will, the circumstances under which it was created, and other similar issues will determine what specific challenges can be raised in a particular case. Some of the more common challenges include:

An Experienced Memphis Will Contest Lawyer Can Help You

Douglass & Runger, PLLC, Attorneys at Law’s talented will contest lawyers are available to help you in your will contest proceeding. Whether you are challenging the validity of a will or defending your loved one’s intentions as expressed through his or her will, our zealous advocacy and determination can assist you in achieving your goals. Contact us at (901) 388-5805 for experienced assistance.

The testator (the person creating the will; in other words, the deceased) must possess a certain level of awareness and understanding about the document he or she is creating, the assets that are affected, and to whom he or she wishes to bequest those assets. If there are questions about this mental capacity – if, for example, the testator signed his or her will and was declared legally incompetent the next day – a challenge to the will can be raised.
A person is only supposed to have one active will at any one time. When the testator creates multiple wills, all appearing to be valid, a contest can quickly develop to determine which will should be honored.
If a person wishes to change his or her will, he or she will create a codicil to record those changes. They are supposed to follow the same formalities of a will; when they do not, a dispute may arise over whether the information in the codicil should be adhered to or not.
If a will contains flaws – it does not list all assets of the testator, is missing information about certain beneficiaries such that they cannot be identified, or if the will does not comply with the legalities required by statute, a contest can develop to determine if the will should be honored and/or what the specific terms of the will ought to be.

Related practice areas

Business Succession Planning
Attorneys for Long-Term Business Planning in Shelby County Owning your own business, including a closely-held family business, can be the...
Conservatorships
Memphis Conservatorship Laws in every state (including Tennessee) presume that a person over the age of eighteen years is fully...
Durable Power of Attorney and Durable Power of Attorney for Healthcare
We Help You Plan For The Unexpected To Bring Comfort & Security TO Your Family We plan for weddings, parties...
Estate Planning for Business Owners
Attorney for Addressing Business Interests in Your Shelby County Estate Plan Estate planning is important for any individual or family,...
Guardianships
Memphis Guardianship Attorney In legal parlance, a “guardian” is an individual who is tasked with the care and management of...
Intestate Estate Administration
Memphis Estate Administration Attorney Being named as the executor or administrator of a family member’s or loved one’s estate is...
Living Wills
Memphis Living Will Attorney Have you considered what type and level of care you would like to receive if you...
Memphis Attorneys for Business Administration
Lawyers in Tennessee Helping Manage the Estate of Business Owners During Probate Business owners in Tennessee make important decisions every...
Probate of Wills
Memphis Probate Attorney When someone dies in Tennessee, that person’s family, guardian, or court-appointed administrator must begin the process of...
Revocable Living Trusts
Lawyers In Shelby County For Comprehensive Estate Planning At the offices of Douglass & Runger, Attorneys at Law, we assist...
Trust Administration
Lawyers For Creating a Trust and Providing Trustee Services in Shelby County A trust is a useful tool that not...
Trust Litigation
Attorneys for Disputes Between Trustees and Beneficiaries in Shelby County When a trust is executed and administered properly, it can...
Will Preparation
Memphis Will Preparation Lawyer Death is an inevitable part of life. For some, it is quite unpleasant to consider, much...

Case Evaluation

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

In need of immediate legal assistance?

2023 LAW FIRM 500 WINNING FIRM

We are proud to announce that Douglass & Runger, PLLC has been honored by Law Firm 500 as the 14th fastest growing law firm in the nation for 2023. This prestigious accolade is a testament to our unwavering commitment to our clients in the domains of family law, probate, and estate planning over the past three years.

Our success story is woven from the tireless efforts of our dedicated team, who consistently go above and beyond to make a difference every single day. Leading and evolving our firm over the years has been a challenging yet exhilarating journey. In 2021, we made the bold decision to completely revamp our practice, recognizing that the methods which served our clients in the past needed to evolve. While these changes were accompanied by a myriad of emotions and significant investments, the outcome has been nothing short of remarkable, marked by immense growth and an enhanced capacity to serve our clients.

Case Evaluation

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.