Disputes over a loved one’s will can be emotionally challenging. When beneficiaries or other interested parties feel something isn’t right, they may decide to contest the will. Here are the five most common grounds for challenging a will in probate court.
Lack of testamentary capacity
One of the main reasons to contest a will is the belief that the person lacked the mental capacity to create it. To have testamentary capacity, an individual must understand the value of their assets, know who the beneficiaries are, and fully grasp the implications of the will. If someone can prove that the person did not meet these requirements, the court may invalidate the will.
Undue influence
Undue influence occurs when someone pressures or manipulates the testator into creating or altering a will in their favor. This influence can happen through coercion or emotional abuse, often involving those close to the person. If the court finds that the testator created or changed their will due to undue influence, the will may be set aside.
Fraud
Fraud is another common ground for contesting a will. This happens when someone deceives the testator about the contents of the will or its significance. For example, if someone tricked the person into signing a document they thought was unrelated to their estate, this counts as fraud. Courts can invalidate a will if there is evidence of fraudulent activity.
Improper execution
A will must follow specific legal requirements to be valid. These requirements often include having a certain number of witnesses and a valid signature from the testator. If the will fails to meet these formalities, it may be deemed invalid during probate proceedings.
Revocation
Sometimes, a testator decides to revoke a will but doesn’t update their estate planning documents properly. If there is proof that the testator intended to revoke or replace the will, a challenge can arise to show that the existing document no longer reflects their wishes.
Challenging a will is a serious decision that requires careful consideration and proper legal guidance. Understanding the common grounds for contesting a will can help in determining the best course of action during a difficult time.
