Who can challenge a will?

In Wisconsin, any person who would be entitled to a share of the estate if there were no will can challenge the will. This can include a spouse, a child, or any other descendants of the deceased, such as grandchildren, or parents. Other parties like creditors may also challenge the will, if they believe they should be entitled to a share of the estate instead of other beneficiaries. When a person challenges a will, it is known as a “will contest.” The person challenging the will is known as the “contestant.” They must prove that the will is invalid due to a variety of reasons, such as if it was made under duress, or if the person making the will lacked the capacity to do so. Common grounds for contesting a will include fraud, undue influence, and mistakes in its execution. When a will contest is filed, the court usually appoints a special administrator who will manage the estate until the dispute is resolved. They will ensure that assets are not disrupted and the estate is protected while the court decides the legality of the will. The court will examine the evidence and arguments of both the contestant and the other beneficiaries and issue a judgment. Depending on the outcome, the will may be found valid, invalid, or partially valid.

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