What are the common reasons to challenge a will?

On Behalf of | Oct 4, 2024 | Probate And Estate Administration |

When a loved one dies, their will becomes crucial for distributing their assets. However, there are instances where beneficiaries or heirs might challenge the validity of a will.

Below are common scenarios that could lead to will contests.

Grounds for challenging a will

You might consider challenging a will if you believe one of the following situations applies:

Lack of testamentary capacity

If you suspect the deceased lacked a sound mind when creating the will, you may have grounds for a challenge. This could include cases of dementia, mental illness or being under the influence of drugs or alcohol.

Undue influence

If you believe someone manipulated or coerced the deceased into changing their will, this could be a valid reason to contest it.

Fraudulent or forged will

Consider challenging its validity if you have evidence that someone forged the will or created it under false pretenses.

Improper execution

Courts may deem a will invalid if it does not meet state requirements for signing and witnessing.

While these situations provide potential grounds for challenging a will, it is crucial to approach such contests with caution and careful consideration. Consulting an attorney could help you understand the strength of your case and the potential consequences of contesting a will before taking any action.

When you might consider challenging a will

You might find yourself in a position to challenge a will if:

  • You were unexpectedly disinherited or received significantly less than anticipated.
  • A recent will dramatically changes the distribution of assets compared to previous versions.
  • The deceased made verbal promises that contradict the written will.
  • You suspect a caregiver or new acquaintance unduly influenced the deceased.
  • There are multiple conflicting wills or codicils.

Challenging a will is a complex legal process that requires substantial evidence. Before proceeding, it is crucial to consider the potential impact on family relationships and the deceased’s wishes. Additionally, many wills include “no-contest” clauses that could result in you losing your inheritance if the challenge is unsuccessful.

If you are considering contesting a will, consider seeking legal advice. An attorney could guide you through the process and help you understand the potential outcomes.