The Grounds (and Hurdles) for Challenging a Will
In a will contest, a contestant challenges a will as invalid, usually for mental incapacity, undue influence, fraud, or a technical failure. Although somewhat of a rare occurrence and a tedious process, a will contest may be the only recourse for a client who has been disinherited or disenfranchised. First, only an interested party who has a potential interest to gain can challenge a will. A will can be invalidated in part or in whole. If a will contest is successful, the probate or circuit judge has options such as invalidating the challenged will, reinstating a previous version, or distributing property under the laws of intestacy. Beyond the hurdles of a will contest, the testator (the person who signed the will) sometimes inserts a “no-contest” provision into their will or trust. Under such a provision, the testator instructs that anyone who contests the validity of their will is disinherited. While these clauses create additional difficulties for one contesting a will, it is not always an absolute bar to the challenge. It would be a good idea for the client to consult an attorney to weigh their options and get a better assessment of their rights before challenging or contesting a will. An interested party cannot challenge a will simply for being unfair. Instead, they must prove one of the following conditions or other good cause:
If you suspected serious car crashes have recently increased, you would be correct. In fact, 2015 saw the largest national traffic fatality percentage increase in fifty years at 7.2%, according to a report from
The 11th Circuit Court of Appeals, which is the federal appellate court for Alabama cases, recently ruled that a Mobile company’s ban on dreadlocks for their employees does not violate the Civil Rights Act of 1964. The lawsuit was filed by the Equal Employment Opportunity Commission (EEOC) on behalf of an African American woman who wore her hair in dreadlocks. The woman’s job offer was terminated after she refused to change her hairstyle.
Circuit Judge Adalberto Jordan, who authored the unanimous opinion, acknowledged such determinations are often difficult: “We recognize that the distinction between immutable and mutable characteristics of race can sometimes be a fine (and difficult) one, but it is a line that courts have drawn.” The full opinion of the case, Equal Employment Opportunity Commission v. Catastrophe Management Solutions, is available
When traveling out of state, even the safest driver faces the possibility of an unexpected car accident. Driving on unfamiliar roads in an unfamiliar city heightens the risk for an accident. Of course, with any accident, contact 911 immediately, take pictures of the accident scene and any damage to the vehicles, write down the names and numbers of any other involved parties or witnesses, and contact your insurance company. Visit our page on the steps to take after a car accident