The loss of a loved one is an emotional time in a person’s life, and it comes with the challenge of handling their final affairs. Some adults have an estate plan, which outlines their wishes.
There are times when the contents of an estate plan’s terms are a surprise. This can sometimes lead to the beneficiaries thinking something is amiss, which can result in them considering contesting the will.
Common reasons why wills are contested
There are a few key reasons why wills may be contested:
- Lack of capacity: The person who made the will must have been mentally competent when they signed it. If someone believes the testator didn’t understand what they were doing due to dementia, illness or cognitive decline, they might challenge the will.
- Undue influence: This occurs when someone pressures or manipulates the testator into changing their will for personal gain. Signs include sudden, significant changes that benefit one person disproportionately.
- Fraud or forgery: If there’s suspicion that the will was faked, forged or signed under false pretenses, it can be contested.
- Failure to follow legal formalities: Wills must meet specific legal requirements, such as proper signatures and witnesses. A will can be challenged if these rules weren’t followed.
Not just anyone can challenge a will. Typically, only interested parties can file a contest. These are individuals or entities who would have benefited under a prior will or through intestate succession.
It’s critical that anyone who’s facing this type of situation understands their rights and the options that they have. This may lead to challenging dynamics within the family, particularly if everyone doesn’t agree that there’s something wrong with the will. It may be beneficial to discuss the matter with someone familiar with estate planning.