can someone protest a "last Will' when going through probate court?

    0  Views: 797 Answers: 3 Posted: 11 years ago

    3 Answers

    Yes. All wills can be contested. 

    I do not understand this as if because if a person does not make a will - the estate goes to probate court as the person has died intestate i.e. having not made a will. As said a will is contested not protested that is if there is a will. Laws vary - not sure where you are? This makes a difference.


    A will can be contested here if a family member believes the person was not of sound mind pr may have been influenced or under duress when they made the will. Will or no will, estates still have to go through probate. (USA).

    Thanks Colleen - it is the same here, but the person has to be of sound mind and not under any influence when making the will which is why it is best done legally, the will can still be contested but would be found sound. No all wills do not have to go to probate in the UK unless it has been made under duress or above.For example my Mother's will is in the Solicitors safe. I think I am right about this probate thing - if a person is not of right mind etc. again to be done legally with Power of Attorney - seems to even vary between Scotland and England.

    Also here in the UK if a person is as said not capable of making a will it is possible for the next of kin to get Power of Attorney.


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