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 1. Heirs who would benefit by an intestate distribution.

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Presentation on theme: " 1. Heirs who would benefit by an intestate distribution."— Presentation transcript:

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2  1. Heirs who would benefit by an intestate distribution.

3  2. Beneficiary of prior will who would take if new will is invalid.

4  Interested person  EC § 22.018 ▪ Spouse ▪ Heir ▪ Beneficiary ▪ Creditor ▪ Other person with property right in or claim against estate.

5  Beneficiaries who are:  Institutions of higher education  Charities

6  Contestant is entitled to a jury trial.

7  Non-Fraud Grounds examples: ▪ Lack of testamentary capacity ▪ Failure to comply with formalities  Two years from when will admitted to probate.

8  Forgery or other fraud  Two years from discovery

9  Tolling  Two years from when an incapacitated person’s disabilities removed ▪ Minors ▪ Persons non compos mentis

10  Court may appoint temporary administrator to handle estate while will contest is pending.

11  Should you contest will before or after its admission to probate?  Why?


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