Losing a family member is difficult, and dealing with the aftermath can be even more intense, especially when handling their will. If you’re a beneficiary and suspect something isn’t right, you might feel overwhelmed and unsure about your next steps.
The good news is that you don’t have to go through this complex journey alone. This short blog will walk you through the key reasons you might contest a will, helping you understand your legal options and make more informed decisions.
When can you contest a will?
One reason to contest a will is the testator’s lack of testamentary capacity. If there were concerns about your loved one’s mental state when they made the will, this could be a valid ground for challenge.
Factors such as advanced age or medical conditions might have impaired their ability to understand the decisions they were making. If you can demonstrate that your relative did not understand the consequences of their actions at the time of the will’s creation, the court may revoke the will.
If you believe that someone pressured or manipulated your relative into making decisions that did not reflect their true wishes, you may also have grounds to contest the will. This undue influence might come from family members, caregivers or others who stood to benefit from the will’s terms.
Once you take legal action, the court will investigate the circumstances leading to the creation of the will. A judge might invalidate the will when there is evidence of coercion or manipulation.
Fraud or forgery is also a critical factor in contesting a will. If you suspect that the will someone tampered with the will, you could challenge the document’s validity. Instances of fraudulent behavior, such as fabricating the testator’s signature, could lead to the will being declared invalid.
What are your next steps?
Contesting a will is a stressful decision that requires thorough consideration and a deep understanding of the legal grounds involved. Seeking professional legal advice can provide clarity during this challenging time and may help protect your rights and interests. By getting proper legal support, you respect and uphold your loved one’s wishes.