Can an executrix who is also a beneficiary contest the will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an executrix who is also a beneficiary contest the will?
Can an executrix who is also a beneficiary contest the will in the state of Rhode Island?
Asked on October 29, 2016 under Estate Planning, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Any beneficiary, even if she is the executrix, may legally contest a will. Of course, there are only very limited reasons to challenge a will; the main ones are:
1) Belief that the will was the product of duress/coercion or undue influence;
2) Belief that the person making the will was not mentally competent when they made it;
3) Belief that the will was forged in some way--altered after being signed, not signed by the person whose will it supposedly is, etc.
4) Belief that the will was not properly signed/executed or witnessed;
5) Belief that there is a later valid will superceding it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.