A will outlines a person’s final wishes, but sometimes, disputes arise. When family members or other interested parties believe something is wrong with a will, they may challenge it in court. These legal disputes, known as will contests, can be complex.
Here are some of the most common reasons why wills are contested.
Lack of testamentary capacity
For a will to be valid, the person creating it (the testator) must be of sound mind. This means they understand what they own, who their beneficiaries are and what the will does. If someone was suffering from dementia, mental illness or cognitive impairment, their ability to make decisions may be questioned. Family members may challenge the will, arguing that the testator did not fully comprehend their actions.
Undue influence
A will may be contested if someone exerted pressure or manipulation over the testator. This often happens when an individual, such as a caregiver or family member, gains an unfair share of the estate. Signs of undue influence include sudden changes to the will, isolation of the testator or terms that strongly favor one person over others without clear reasoning.
Fraud or forgery
A will must reflect the true wishes of the testator. If someone forges a signature, alters a will without permission or tricks the testator into signing a document under false pretenses, the will may be declared invalid. Fraud is a serious issue and can lead to will contests and lengthy court cases.
Whether you are drafting a will or want to contest a will, having legal guidance behind you helps. A will must reflect the true wishes of the testator and not the wishes of anyone else.