Will Contest Attorneys In New Mexico

At Mucci Law Firm in Albuquerque and Santa Fe, we have established an impressive record of success in will contest cases. Having handled estate litigation for more than a decade, our lawyers know what meets the definition of a will contest, what evidence will need to be gathered to support the case and how to argue the matter in trial. If you and other beneficiaries are fighting over a will, let us help you pursue a resolution.

Grounds For Pursuing A Will Contest

There are essentially four grounds upon which to build a will contest case:

  • Undue influence: This is when the creator of the will was coerced to favor someone.
  • Testamentary capacity: This is when the creator of the will was not of sound mind when creating the will, possibly suffering from Alzheimer's or dementia.
  • Fraud: This is when the creator of the will was tricked into signing the will.
  • Unlawful: This is when the will itself does not adhere to the laws regarding will creation.

While people often use these terms interchangeably, they are distinct concepts. For the most part, will contests tend to be filed on the basis of undue influence. We will review your case to determine what went wrong and pursue the appropriate course of action.

Success In Challenging Cases

Will contests are extremely challenging cases. This is a unique area of the law. There is no formula that can be applied. A will contest is not like a criminal case, in which the prosecutor simply needs to demonstrate that the elements of a crime were satisfied.

In a will contest, it is not sufficient to simply show that the definition of undue influence, for example, has been met. There are no easy wins. Cases need to be prepared carefully, and an attorney must have an understanding of how will contest litigation is built, and how these cases are handled from the negotiation room to the courtroom. We have that experience.

Free Consultations About Will Contests

Call 800-639-8403 or send an email to discuss the possibility of a will dispute.