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Despite what the Hollywood films would have you believe, will contests are rare. However, they do happen, and when a dispute arises, it can result in lengthy and costly litigation. The will contest attorneys at Walk-In Wills have nearly two decades of experience contesting, disputing and litigating wills and trusts. Though disputing your loved one’s legacy may be the last thing you want to do at this difficult time in your life, our compassionate team can make the process as easy on you as possible by advising you on what you can do to protect your loved one’s wishes and your inheritance rights.
To contest a will in New Mexico, you must have a valid reason for doing so. To prevent the filing of erroneous claims, the state, like most others, has established legal grounds for contesting a will. Those are as follows:
Not everyone can contest a will in New Mexico — only those with an interest in the will may pursue legal action. Interested parties are individuals who are either named as beneficiaries in the will or who would be eligible to inherit under New Mexico’s laws of intestacy. You do not have to be a relative of the deceased to defend or bring a will contest dispute in court. For instance, everyone from family members to friends to business partners to charities may all contest a will in Albuquerque.
It is important to note that some testators include no-contest provisions. Though no-contest provisions do not prevent parties from disputing the terms of a will, they do stipulate that any party who contests a will and loses stands to lose the inheritance he or she would have received otherwise. These provisions are designed to mitigate frivolous contests that have little to no supporting evidence.
Whether you want to create a foolproof will that leaves little to no room for interpretation, want to contest a will or hope to dispute a will contest, the compassionated and experienced legal team at Walk-In Wills has the knowledge and resources to help you achieve your objectives.