Wills hold significant importance as they express a person’s final wishes regarding their estate. However, people sometimes contest these wills, raising the question: why challenge a will? Here are some key reasons why someone might contest a will.
Minimum age requirement
A requirement for creating a valid will is the testator’s age. In most jurisdictions, a person must be at least 18 to draft a legally binding will. If someone under this age creates a will, it is considered invalid unless specific exceptions apply, such as for married minors or those in military service. Contesting a will on this ground involves questioning the testator’s legal capacity at the time the will was made.
Witness requirements
A valid will requires the testator to sign it in the presence of at least two witnesses who have no stake in the will. These witnesses ensure the testator’s signature’s authenticity and confirm the absence of undue pressure. Problems arise when witnesses are beneficiaries, presenting a conflict of interest that can compromise the will’s validity. An interested witness might lose their inheritance under the will, providing grounds for a contest.
Fraud and forgery
Fraud and forgery are serious allegations in the context of wills. Fraud occurs when someone deceives the testator into signing a will or including specific provisions under false pretenses. Forgery involves the unauthorized signing or creation of a will by someone other than the testator. Both situations undermine the document’s authenticity and are substantial grounds for contestation. Proving fraud or forgery can be complex but essential to ensuring the testator’s true intentions are honored.
Undue Influence
Undue influence occurs when someone applies excessive pressure on the person making a will, leading them to add provisions they would not have selected on their own. This is particularly common among vulnerable individuals, such as older adults or those with mental impairments, who may be susceptible to manipulation. Contesting a will on the grounds of undue influence involves demonstrating that the testator’s free will was compromised, impacting the fairness and validity of the document.
Lack of Capacity
For a will to be valid, the testator must have the mental capacity to understand the nature of their actions when creating the document. This means they should comprehend the extent of their estate, the natural heirs, and the distribution plan outlined in the will. If a testator is found to lack this capacity due to mental illness, intoxication, or other impairments, the will may be contested. Establishing a lack of capacity requires evidence of the testator’s mental state at the time of the will’s creation.
Contesting a will is a serious legal action that challenges the validity of one of the most personal documents a person can create. If you find yourself in a situation where a will must be contested, it is essential to seek professional guidance. At Farrell, Hamilton & Julian, P.C., our probate litigation attorneys are ready to assist you in navigating these complex matters.