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Will Contest, Multiple Wills, Res Judicata

If a will contest is successful, then the legal effect is that the will is invalid and void. Section 473.083.7 (A will contest determines “intestacy or testacy or which writing or writings constitute the decedent’s will.”). Accordingly, assuming there is no prior will, the Court finds that the person died intestate/without a will in the […]

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Time Limit and Deadline to Challenge Will

A last will and testament in Missouri (and other states) may be challenged and voided. The most common grounds for a contest are lack of testamentary capacity, undue influence, fraud and/or duress.  One of the goals in the estate administration process in Missouri is to have a quick, efficient manner of winding down one’s affairs. […]

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Will Contests: Timely Service of Parties

A will or trust is void if the person making it lacked sound mind at the time of execution. Watson v. Watson, 562. S.W.2d 329, 331 (Mo. 1978). To prevail on a challenge, there must be evidence tending to prove that testamentary capacity was not present at the time of execution. Armbruster v. Sutton, 244 S.W.2d 65, […]

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Administrator Ad Litem Pending Will Contest

There is a certain period of time to challenge the validity of a Will in Missouri. If no timely challenge is made, then any challenge is barred and the Will is binding. Assuming that a Will contest is timely initiated,  several procedural and substantive mechanisms come into play and become available, particularly as applied to […]

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Missouri Will Contests

Below is a good article by a Missouri attorney, J. Kirk Rahm, pertaining to how to challenge a Will in Missouri. It’s a good read and provides the basic logistics. — Will contests are brought by an heir who has been left out of a will or by an heir who is left less inheritance […]

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