will contest - определение. Что такое will contest
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Что (кто) такое will contest - определение

Contest of a will; Contest a will

will contest         
n. a lawsuit challenging the validity of a will and/or its terms. Bases for contesting a will include the competency of the maker of the will (testator) at the time the will was signed, the "undue influence" of someone who used pressure to force the testator to give him/her substantial gifts in the will, the existence of another will or trust, challenging illegal terms or technical faults in the execution of the will, such as not having been validly witnessed. A trial of the will contest must be held before the will can be probated, since if the will is invalid, it cannot be probated. See also: in terrorem clause probate will
Will contest         
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) or that the will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud.
Devisee         
LEGAL DECLARATION BY WHICH A PERSON NAMES ONE OR MORE PERSONS TO MANAGE THEIR ESTATE AND PROVIDE FOR THE DISTRIBUTION OF THEIR PROPERTY AT DEATH
Last Will and Testament; Last will and testament; Will (legal); Apertura tabularum; Last will; Last testament; Election under the will; Decedent directive; Decedent directives; Devisee; Facultas testandi; Will (document); Will(law); Legacy (property law); Dependent relative revocation; Will and Testament; Last Will; Will (law); Wills and testaments; Freedom of disposition; Testament and will
·noun One to whom a devise is made, or real estate given by will.

Википедия

Will contest

A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) or that the will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud. A will may be challenged in its entirety or in part.

Courts and legislation generally feel a strong obligation to uphold the final wishes of a testator, and, without compelling evidence to the contrary, "the law presumes that a will is valid and accurately reflects the wishes of the person who wrote it".

A will may include an in terrorem clause, with language along the lines of "any person who contests this will shall forfeit his legacy", which operates to disinherit any person who challenges the validity of the will. Such no-contest clauses are permitted under the Uniform Probate Code, which most American states follow at least in part. However, since the clause is within the will itself, a successful challenge to the will renders the clause meaningless. Many states consider such clauses void as a matter of public policy or valid only if a will is contested without probable cause.

This article mainly discusses American law and cases. Will contests are more common in the United States than in other countries. This prevalence of will contests in the U.S. is partly because the law gives people a large degree of freedom in disposing of their property and also because "a number of incentives for suing exist in American law outside of the merits of the litigation itself". Most other legal traditions enforce some type of forced heirship, requiring that a testator leave at least some assets to their family, particularly the spouse and children.

Примеры употребления для will contest
1. "He will contest these allegations vigorously." «
2. Lalu‘s Rashtriya Janata Dal (RJD) will contest 175 seats in the 243–member assembly while the Congress will contest 51 seats.
3. But Congress has said it will contest against us.
4. Dozens of individuals and parties will contest the election.
5. All have denied wrong–doing and said they will contest the charges.