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Who can challenge a will in Oregon?

| Jun 28, 2020 | Firm News |

When a loved one dies, they often leave behind a will detailing what their wishes are. Wills are important estate planning tools that allow a person to divide up their assets exactly how they want. But sometimes a will reveal doesn’t go as planned and a beneficiary may find that they have been left out in some way. There are some ways that a person can challenge a will in Oregon.

A will is a legal document that is used to help a person express their wishes upon their death. A will can be hard to challenge and a probate judge is there to make sure a will’s intentions are followed. But there are certain circumstances in which a will can be challenged. The first is if the will is not signed and witnessed. The will must be signed by the person who created it along with two witnesses. The witnesses do not have to sign at the same time, but they cannot sign after a person’s death. There are no exceptions to not having the will signed by two witnesses. If it is not signed by two witnesses it is invalid and it is then considered that the person died without a will. The second way to challenge a will is if the will has been revoked. There are certain circumstances that can lead to a will being revoked. They may include the will being burned, canceled, destroyed, or the will not being found. And the third way for a will to be challenged is if the will does not reflect the wishes of the person who signed it. Common reasons can be undue influence or lack of mental capacity.

Not everyone can challenge a will in Oregon. In order for a will to be challenged, a person has to be a beneficiary or an heir of the person with the will. A legal professional who is skilled in probate can review their client’s concerns and help them with their dispute. They can offer advice on their next steps and guide their client through this emotional time.

There are reasons for a person to challenge a will. Knowing what those reasons are and who can challenge the will is important in making sure assets are distributed fairly and as the deceased intended.