If you believe a will is invalid or doesn't accurately reflect the wishes of the person who created the will, you may be able to contest the will. However, will contests are notoriously difficult and often involve complex legal issues. As such, you should consult a trust attorney to establish if your reason for contesting a will is viable.
Discover two valid grounds to contest a will.
1. Lack of Capacity
For your will to be valid, you must have the mental capacity to understand things and make sound decisions. In addition, you must be of sound mind and body, and understand the nature and extent of your assets.
Therefore, you can challenge a will on the ground that whoever created the will wasn't in a good mental state. To prove your claim, get testimony from witnesses who were with the person at the time the will got created. If they can testify that the person wasn't in their right mind, you can use the testimony as evidence in court.
Your trust lawyer can also prove a lack of capacity through medical records. Note that simply being elderly isn't enough to prove incapacity. The court will look at the specific circumstances to determine if the person was genuinely unable to make decisions.
2. Undue Influence
Undue influence happens when someone forces another person through threats and manipulation to do something against their interests. However, not all kinds of persuasion qualify as an undue influence. For example, if you talk to your parents about your wishes for their estate after you die, that's not undue influence.
However, if you threaten to disinherit your children unless they do what you want, that would be considered undue influence.
Proving undue influence can be complex, but there are a few ways to do it. First, you must show a relationship between the person who created the will and the person who exerted the influence. For example, if a child exerts undue influence over their elderly parent, that would be more likely to be believable than if you claim that a stranger was liable for the manipulation.
Moreover, you should prove that the person who exerted the influence had something to gain from the will. For example, if they stand to inherit a large sum of money, that would be a motive for undue influence.
If unsure of how to do all of these things, a trust attorney can help you.
Conclusion
Contesting a will can be lengthy and complicated, especially if you aren't knowledgeable about the law. But things will get easier with the expertise and experience of a trust attorney. Therefore, contact one as soon as you can.
Share16 September 2022
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