Will Contest Appellate Attorney

A Will contest can involve a wide range of issues. A Will contest appeal is usually fact intensive, may include a battle of expert opinion (e.g., financial, medical, psychological), and require a keen attention to detail. Some of the common issues litigated are:

  • Legal capacity
  • Undue influence
  • Asset waste & recovery
  • Will reformation
  • Fraud
  • Forgery
  • Breach of fiduciary duty
  • Asset waste & recovery
  • Removal or replacement of an executor or administrator
  • Interpretation of disputed documents

Without an appeal, the Will contest judgment will become final. Judges make mistakes. If the judgment was in your favor then you risk a hard fought battle if you do not defend the judgment on appeal.

There is a lot at stake. A Will contest appeal is often emotional for at least one of the litigants. It typically involves important personal or financial assets and perhaps business interests. "Reformation" to preserve the original presumed intention or to effect the presumed rights of one or more Will beneficiaries.