Every estate goes through challenges, although it’s important to note that not all estates are worth as much as you might think. Challenges made against estates are about one thing: money.
The most common challenges involve blended families, relationships in which family members have struggled to get along in the past, or children with money management problems. Blended families are sometimes a concern because the second spouse may want a larger inheritance than the first spouse’s children.
Family members with strained relationships will challenge estates if they feel like they received less than they deserve. Children who haven’t been given access to inheritance may feel resentful about it.
If you are currently dealing with a will that you believe is contestable, read on as your trusted family law firm shares the instances when you can contest a will:
There are several situations where you can contest a will after a decedent has passed away.
1. If the Will Was Never Properly Executed
You must prove that the person who drafted the will did not do it correctly. To have a will successfully be executed, it must be signed by the person who is making the will, in the presence of a witness, who is a disinterested third party.
For instance, if the individual who makes the will is in a hospital, a nurse can witness the will. Other disinterested third parties include medical professionals, priests, religious leaders, and judges.
2. If There Was Duress or Undue Influence
Duress or undue influence are signs of fraud. In the U.S., it is illegal to influence the writing of a will, and if this type of behaviour can be proven, the will can be contested.
If someone was forced to write a will in a certain way, even if they were not expecting to die, they can contest the will. For example, a person could be locked in the trunk of a car or forced to write a will to leave all of their money to their kidnapper.
3. If the Will Was Written When the Person Was Incapacitated
A person must be of sound mind when they are writing their will. If there is any chance that a person was not of sound mind when they wrote the will, the document can be contested.
For example, if a person was drugged or intoxicated so that you doubt their ability to think clearly, the will can be contested.
4. If the Will Was Written Before Certain Life Events
If the will was written before a certain event, the will could be contested. However, this does not mean that the will is necessarily invalid. The person contesting the will should demonstrate that certain events will affect the will.
For example, if a person is making a will because they are anticipating a divorce, the divorce may not happen, and it would then be a waste of time and money to go to court.
5. If the Will Was Signed Under Duress
It could be contested if a person’s signature was obtained illegally under duress. For example, it can be challenged if a person is forced to sign the will using a gun.
Conclusion
Contesting a will is an extreme measure, but it can be necessary when family members feel that they are not being treated fairly. If you are questioning a will you inherited, speak with an expert on wills and estate who can help you understand if you have a case.
Bickell and Mackenzie is a reputable firm with some of the best family lawyers within the Redlands area who can help you with your concerns about a loved one’s will and other cases. Contact us today to schedule a legal consultation!
