Drafting an estate plan involves utilizing several legal documents. One of these documents is a will. A will can outline your wishes in terms of who should inherit your assets when you die. It can also name specific guardians to look after your minor children.
Thus, it goes without saying that there is a lot at stake for both you and your beneficiaries. Sometimes, a beneficiary may not agree with the terms of a will or the process behind how the will was drafted or modified. In such instances, the will may be contested.
What are some of the most common reasons for will contests?
Legal validity
One reason that a will can be contested is on the grounds of legal validity. For a will to be legally valid, certain steps must be taken. In Indiana, the testator must be at least 18 years old. The will must also be signed and witnessed by two or more responsible adults.
The signature on the will must clearly be that of the testator. Any suspicions of forgery, fraud or improper legal process can give rise to a will contest.
Testamentary capacity
A testator must also be of sound mind. This is referred to as having testamentary capacity. They must understand the terms and consequences of the will when either drafting it for the first time or making any changes. This is of particular concern for those drafting a will in their advanced years or when facing a serious illness.
If someone is vulnerable when drafting a will, then they may risk being exposed to undue influence. This process involves an interested party asserting pressure on the testator to draft terms or make changes to the will that do not truly reflect the wishes of the testator.
If you suspect a loved one’s will does not reflect their true wishes, seeking legal guidance can help clarify your options.