Call Today – 386.320.6169

Will Contest

February 09

Probate Litigation | Will Contest Disputing Validity of Marriage and Will Occurring A Day Before Death

Written by Thomas Upchurch , , ,

Yes, a person may get married and execute their Will on the same day and the Will may be enforceable. A recent case in Maine came before me in which the surviving spouse of “Ruth” filed the original Will with the Probate Court and her surviving spouse was appointed Personal Representative.

What makes this probate litigation case different from other Will contest cases? The decedent married her surviving spouse and made her Will on her death bed, then died the next day.

Ruth had three estranged children and left everything to her new husband Donald. Will contest probate litigation occurred once one of Ruth’s daughters petitioned for adjudication of intestacy and for her to be appointed as the Personal Representative. She also argued that Ruth lacked the capacity to make a Will.
Source: Posts