Will Contests

If an individual dies with an existing will, the Personal Representative will present the original copy of the will to the Probate Court when he or she opens the decedent’s estate for probate. If a person interested in the decedent’s estate believes that the will was executed under duress, or if a person believes that the decedent was subject to undue influence at the time that he or she executed the will, the beneficiary may contest the will on those grounds. Will contests are often detail and fact specific matters, and there are laws in South Carolina that limit the types of testimony and evidence that can be proffered to establish duress and/or undue influence. Therefore, it is helpful to be represented by an attorney who understands the factual and legal requirements for contesting a decedent’s will. At Bradford Espinoza, P.A., our attorneys have a depth and breadth of knowledge that is critical to successfully challenging a decedent’s Will, or defending against such a contest.