What you Need to Contest a Will


10 Feb

There are many instances out there where fights break out in families when a will is read. Some members will claim it was unfair what they got, others saying they do not like what they were given. Some people will not accept a single word of the will, stating that they doubt it was the wishes of the departed. While contesting a will simply because you do not like it is futile, there are certain scenarios where such a contest is worthy.

It is hard to contest a will. You have several factors that make a contest a worthy pursuit, but those need you to be ready for all the work that they come with. You can begin by looking for the right legal help in the process. Only then will you know if you have a viable chance, the process will be well managed and the costs kept in check, and you will not waste time. You can read about such services if you click here.

Contesting a will is possible under certain conditions.

If you find out the will was not signed as per the applicable state laws, you have grounds to contest. There are laws in each region that dictate how this legal document is to be signed. Most regions expect the document to be signed in the presence of at least two witnesses. They all need to be in the same room at the same time and sign as each person is watching. That physical witnessing is the only acceptable condition. If you find out this was never the case, your case has some life in it.

If you know the owner of the will did not have the full capacity to sign it, you can contest. Capacity covers the understanding of the testator with regard to their estate, what it contains, and how they have divided it amongst their chosen inheritors. It is tough proving their lacked such capacity, but where there is proof, you have a case.

You can also contest when the testator was unduly influenced. As a person gets older, they tend to become easier to influence. You only need to prove that they were under such extreme stress they had no free will left to face the challenge.

You also have a case if you can show the will was made through fraud. Proving the testator was tricked into signing the will gives you a solid ground to contest it. You can see this example in cases where one was sick, absent-minded, or losing their memory enough to be tricked into signing the document believing it is something else. Do look up information on will dispute lawyers now. 

These conditions can present themselves in diverse ways. To understand your specific case, and to save time, ask the right experts for their opinion on whether you have a case or not. Learn more about trust disputes here: https://youtu.be/uEidzrl5A80

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