What Sparks the Contesting of a Will?
Some people draft wills or trusts to ensure that their loved ones will receive portions of their property after their death.
A last will and testament directs your executor to distribute assets and property according to your wishes. However, it’s not uncommon for dissatisfied or estranged family members to challenge the document’s validity. Here are five key factors to consider when preparing a will.
Undue Influence
This is a frequently cited reason for challenging a will. If a beneficiary can demonstrate that the testator (the person making the will) was unduly swayed by another person to make decisions they wouldn’t normally make, a court challenge may proceed. Undue influence occurs when someone with a vested interest in the outcome makes deliberate efforts to alter the testator’s decisions.
Even without proof of fraud, mere suspicion of influence can prompt a court to accept a case. This is especially relevant if the testator struggled with mental decline or dementia.
Fraud or Forgery
Outright fraud represents another contestable issue. Signs include multiple erasures or inconsistent signature styles across documents. An estate planning attorney should examine documents for sufficient evidence warranting a challenge.
Improper Witnesses
The testator must sign the will with witnesses present. While some states require only one witness, Texas and most others require two. A beneficiary cannot serve as a witness. Failure to follow these procedures can render a will invalid. Some jurisdictions have modified laws to permit remote signings during COVID.
Mistaken Identity
Though it seems unlikely, this occurs frequently, particularly when individuals share common names or when documents lack proper signatures or witnesses, creating vulnerability to challenge.
Testamentary Capacity
Legal capacity means the testator understands what a will is, comprehends the document’s contents, and recognizes the identities of beneficiaries. Someone need not have perfect mental health; individuals with mild cognitive impairments like depression or anxiety may still execute valid wills. Medical evaluation may be necessary if capacity is questionable.
Will contests can prove time-consuming and expensive, making careful preparation essential, particularly in families with litigious members.
If you need assistance with estate planning or probate matters, contact The Stegall Law Firm to schedule a consultation. We are here to help.
