Not everyone accepts the contents of a will after the person has passed away. In some cases, individuals may challenge the will in court. These legal disputes, commonly referred to as will contests, often revolve around whether the document is valid and whether the person’s true intentions were carried out.
Below are the most common reasons why wills are contested.
Lack of mental capacity
To create a valid will, a person must have mental capacity. This means they must understand the nature of the document, what property they own and who should logically inherit it. If someone had dementia or another serious cognitive issue at the time the will was signed, the document may be challenged.
Undue influence
A will can be contested if someone believes the person was pressured into changing it. This often involves a caregiver, family member or other individual who stood to benefit. If the will favors one person in an unusual or unexpected way, this can raise concerns.
Improper execution
Every state has rules about how a will must be signed and witnessed. If those steps were not followed, the will may be considered invalid. Examples include missing witness signatures or handwritten changes that were never formally approved.
Fraud or forgery
If a will was faked or forged, it can be challenged. Fraud also includes switching documents or tricking someone into signing something they did not understand.
A new will that leaves someone out or makes sudden changes without clear explanation may raise suspicions. This can prompt others to question whether the document truly reflects the person’s wishes.
Whether you are drafting a will or looking to challenge one, it’s essential to have legal guidance.
