• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Vermont: (802) 879-7133

Attend A Free Workshop
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
    • What to Expect When Working with Us
  • Services
    • Estate Planning
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • Medicaid Planning & Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • Inheritance Planning for Minor Children
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Wills
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
      • Medicaid Analysis Worksheet
      • Medicaid Guide
      • Vermont Medicaid
    • Presentations
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • SECURE Act
    • Top Estate Planning Techniques
  • Webinars/Seminars
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact
Home » Contesting a Will in Essex Junction: Can Beneficiaries Contest a Will?

Contesting a Will in Essex Junction: Can Beneficiaries Contest a Will?

January 26, 2014 by Ellen LaPlante

contesting a will in essex junctionWhen you create a Will during estate planning, you may be wondering if your beneficiaries or heirs will be able to contest that Will once you are deceased. In most cases, if your estate planning attorney plans out your Will correctly, the answer will be no. There are, however, instances in which a Will can be contested by heirs or beneficiaries, especially if the estate planning is not done correctly.

Contesting a Will in Essex Junction

Was the Will Created Correctly?

The execution of the Will or how the Will was created during estate planning can impact whether or not your Will can be contested in the courts later. If your Will is missing the correct number of witnesses or if your Will does not have the right wording, beneficiaries and heirs can contest it in court.

Was the Will a Result of Forgery or Fraud?

If an heir or beneficiary feels that your Will was the result of forgery or fraud, he or she can rightfully contest that Will in court. Instances of forgery can include witness signatures, your own signature, etc. Fraudulent Wills are typically done without your knowledge or changed by an estate planning attorney without your knowledge. Though this is a common reason for contesting a Will, it rarely occurs.

Were You Competent at the Time?

There are instances during estate planning in which an individual is considered incapacitated or mentally incompetent. This can apply in temporary and permanent situations, but if the Will was created during this time, beneficiaries can contest the Will in court.

Always consult your Essex Junction estate planning professional while creating your Will and make sure that each estate planning document is carefully planned out so that you and your loved ones can avoid battling out the terms of your Will later.

  • Author
  • Recent Posts
Ellen LaPlante
Ellen LaPlante
Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is barred in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance.
Ellen LaPlante
Latest posts by Ellen LaPlante (see all)
  • Medicaid Planning - August 31, 2023
  • 5 Essential Estate Plan Components - August 22, 2023
  • How to Apply for Senior Medicaid in Vermont - December 11, 2022

Filed Under: Uncategorized Tagged With: Wills, contesting a will in essex junction, wills and trusts in essex junction

Other Articles You May Find Useful

Estate planning tips
10 Estate Planning Tips to Help Your Plan Succeed
Successor Trustee
Do I Need to Name a Successor Trustee When I Create a Trust?
Medicaid Planning
What Bruce Willis Can Teach Us About Incapacity Planning
Modify trust agreement
Can I Modify My Trust Agreement?
Trust administration Vermont
What Is Involved in Trust Administration in Vermont?

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

  • This field is for validation purposes and should be left unchanged.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

American Academy of Estate Planning Attorneys, Inc. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2023 American Academy of Estate Planning Attorneys, Inc.