When can a will be challenged in court?
In North Dakota, a will can be challenged in court for a variety of reasons. Under North Dakota law, a will can be contested if it was not properly signed and witnessed, or if the testator (person who wrote the will) was under duress or was not mentally competent when the will was signed. In addition, heirs and beneficiaries of the will may challenge the will if they feel that they are not getting their rightful share. If a will is challenged, the court will have to determine the validity of the will. The court will review the circumstances of how the will was created and who stands to benefit from the estate. All of this evidence would be presented to the court before a decision is made on the challenge. If the court finds that the will was not valid, the court will order that the will be set aside and the assets of the estate will be distributed according to the laws of intestate succession. If a person wants to challenge a will in court, they must do it within a certain time frame. In North Dakota, a challenge must be made within six months of the probate hearing where the will was admitted to the court. If the challenge is not made within the six-month period, the will will be considered valid and binding and the challenge will be invalid.
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