Notice Of Will Contest And Motion For Certificate Of Will Contest {151}

IN THE CHANCERY COURT OF HAMILTON COUNTY, TENNESSEE IN THE MATTER OF THE ESTATE OF NOTICE OF WILL CONTEST & MOTION FOR CERTIFICATE OF WILL CONTEST EXECUTOR(S) DECEASED PART 2 FILE N0. PROBATE DIVISION Pursuant to T.C.A. § 32-4-101, et seq., the Court is asked to issue an ORDER FOR CERTIFICATE OF WILL CONTEST sustaining the right of Contestant(s) to contest the probate of a will and to cause a CERTIFICATE OF WILL CONTEST and the original will to be filed for trial with the appropriate court. 1. CONTESTANT(s) NAME(s). (hereinafter referred to as "Contestant"). 2. DOCUMENT CONTESTED. Contestant moves the Court for an order allowing Contestant to contest the probate of a writing dated <date of Will/Codicils> and <probated in common form> or <propounded in solemn form.> on <date> as the alleged Last Will and Testament, (hereinafter referred to as "The Will"), of, <Decedent's name> (hereinafter referred to as "Decedent"). 3. STATUTE OF LIMITATIONS. Pursuant to T.C.A. § 32-4-108, this action is brought within two years from the entry of the order admitting The Will to probate, or in case of probate in solemn form, before proof of The Will is adduced. 4. GROUNDS FOR CONTESTANT STANDING. Contestant has standing to contest The Will and will show as grounds therefore: <state grounds for standing> 5. GROUNDS FOR CONTEST. Contestant will show, with particularity, grounds to contest The Will as follows: <state grounds for contest> 6. ELECTION OF TRIAL COURT. Pursuant to T.C.A. § 32-4-109, Contestant elects to conduct the trial upon the validity of The Will in Chancery Court Circuit Court. 7. Jury. Contestant(s) demand do not demand a jury. 8. CONTEST SURETY BOND. Pursuant to T.C.A. § 32-4-101(1), Contestant herewith tenders the CONTESTANT SURETY BOND TO EXECUTOR(S) in the penal sum of $500, payable to the executor(s) as required by law, conditioned for the faithful prosecution of the contest, and in case of failure therein, to pay all costs that may accrue thereon. 9. Contest Surety BOND OF DEVISEE OR LEGATEE. Pursuant to T.C.A. § 32-4-102(a), Contestant moves the Court to require the Legatee(s) and Devisee(s) under The Will to execute a CONTEST SURETY BOND TO EXECUTOR(S) in the penal sum of $500, conditioned as required by law, or otherwise, pursuant to T.C.A. § 32-4-102(b), to set aside The WILL with the same to be held for naught, and Decedent's property to be distributed as the property of an intestate. 10. ADMINISTRATOR AD LITEM. <Address the need, or not, for an administrator ad litem. If one is needed, suggest who should be appointed or the public administrator.> 11. NOTICE OF HEARING DATE AND TIME. Pursuant to LRCP 6.02 (a), take notice that this motion will be heard on <date> at <time> Eastern Time. LRCP 3.04 and 4.01 Requirements. NOTICE OF WILL CONTEST & MOTION FOR CERTIFICATE OF WILL CONTEST Page 1 of 1. [FORM 151, REV. 2008.04.08] (LRCP 4.04 Applies) American LegalNet, Inc. www.FormsWorkFlow.com