A Will contest is a disruptive, but sometimes necessary, tool for preventing mistakes or abuse when a deceased person’s estate is being distributed. However, the reasons this can occur are varied, and range from relatively simple procedural issues to a serious risk of harm or exploitation. Here are five major reasons that Will contests might occur:
- Lack of testamentary capacity
- Contesting a Will on the basis of testamentary capacity is, to put it simply, the question of whether someone was “of sound mind and body” when the person executed the Will. Meaning there is a question of whether the testator (the person writing the Will) was mentally capable of expressing their wishes when they signed the Will. Common reasons for questioning capacity include issues such as severe illness or injury, as well as chronic issues like dementia or congenital disabilities.
- Failure to adhere to legal requirements
- Wills must typically follow a set of strict requirements to be considered legally valid, in order to prevent fraud and other issues. This includes things like requiring a Will be signed with at least two impartial witnesses present at the time of signing. Many contests start as a result of failing to follow these legal requirements, even if they are otherwise completely fine.
- Dispute over versions of the Will
- It is common for people to make multiple versions of their wills over the course of their lifetime, updating them over time to reflect their personal wishes and the disposition of their estate. Generally, it will be the latest version of a Will that is considered valid. However, if prior versions were not properly revoked, or if there is a dispute over which version is the correct one, it can lead to a Will contest.
- Undue influence
- Undue influence is the allegation that someone did not create their Last Will and Testament entirely of their own free will. This can be the result of someone intimidating a testator into altering their Will, or someone using other forms of manipulation to have a testator’s Will changed to benefit themselves. These Will contests can be especially fraught, given that they often involve people who are close to the testator.
- Fraud
- When someone initiates a Will contest on the basis of fraud, it typically means one of two things. First, it can mean that the testator was somehow tricked into signing a Will that otherwise does not represent their wishes. Second, it can mean that the Will itself has been somehow falsified. Either way, these sorts of Will contests can become serious issues, requiring skillful legal counsel to successfully navigate.
If you or a loved one are dealing with legal issues related to estate planning, or you are dealing with any other issue related to elder law, you will need specialized legal advice. The attorneys at Hobson-Williams, P.C. are skilled in all aspects of elder law, and are dedicated to representing clients with diligence and compassion. To speak to an attorney or to schedule a consultation, call 866-825-1LAW.
