What Are The Grounds For Contesting A Will?

If you are reading this article, chances are you are dealing with an uncomfortable legal situation involving someone's last testament. Sudden complications can arise when someone is disinherited, causing tension and disputes amongst family members. It becomes pivotal to have clarity on the "grounds for contesting a will."

A will, a legal document that clearly states how an individual wants their property distributed after their death, is generally respected by the courts. However, situations arise where one might have reasons to contest a will.

Governing Laws And Reasons To Contest A Will

While laws governing the contesting of wills differ depending on your geographical location, there are some grounds generally accepted universally when questioning the validity of a will. The first thing that must be considered before contesting a will is whether you have legal standing - this simply means you are someone stated in the will or would have received something if there had been no will.

If you have legal standing you then dive deeper into the facts surrounding the will itself. The following are the common accepted grounds for contesting a will:

Grounds For Contesting The Validity of a Will

1. Lack of capacity: This means that the person who made the will did not fully understand the implications of their decisions when they made the will.
2. Undue Influence: This implies that the person making the will was coerced or manipulated into writing the will in a certain way, thereby not reflecting their genuine wishes.
3. Fraud or Forgery: This suggests that the will is not the genuine will of the person who supposedly made it, or that fraudulent practices were used to obtain signatures on the will.
4. Improper Execution: This suggests that the necessary legal formalities were not observed when making the will. These might include witnesses' requisite signatures, clear, and correct verbiage, among others.
5. Revocation: This implies the person who made the will revoked it while they were still alive, rendering the existing will null and void.

While these are the most common grounds for contesting a will, it is crucial to connect with experienced legal counsel to understand the local intestacy laws and the full implication of contesting a will. Whether you have been left out of a will, a will seems unbalanced and unfair or there are questions about the mental capacity of the will maker, knowing your rights is key to deciding what steps to take.