Why should I consider challenging a will?

On Behalf of | Feb 2, 2018 | Wills |

The vast majority of wills get passed and go through the probate process smoothly. However, in around 1 percent of cases, there is an issue where for one reason or another the will is not deemed to be valid.

These problems with wills getting passed usually lie with ambiguities in the will itself, or speculation from a person close to the deceased person that that he or she was coerced or manipulated into writing the will. There are many reasons why it might be a wise decision to challenge a will. Some of the most common reasons are highlighted in this blog.

There was a case of undue influence or fraud

In rare circumstances, will makers can be victim to fraud or blackmail. This circumstance increases in likelihood as a person ages and becomes more vulnerable. If you believe that a will has been subject to forgery or coercion, it is important to raise the issue.

There was more than one will

If the deceased person was found to have made different wills at different times, it may become clear that the will being executed is not the most current one. In this case, a reassessment of all of the wills must be done.

They lacked the capacity to make a will

A person must be mentally sound in order to write a will. Therefore, if the person was found to be suffering from dementia or another severe illness that affects the brain when he or she wrote the will, it may not be valid.

If you are considering challenging a will, it is important that you think carefully about your decision.

Source: FindLaw, “Reasons to Challenge a Will,” accessed Feb. 02, 2018


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