A questionable will can be contested

A will is a legal document that outlines the final wishes of the testator. Once the testator has passed, the will goes through probate. This is the legal process that ensures everything is above board with the will.

Generally, wills go through probate without issues, but that isn’t always the case. Sometimes, an interested party may want to contest the will. They cannot do this simply because they disagree with the will. They must have good reasons with legal grounding.

Here are some of the more common reasons for will contests:

Fraud or forgery

The will presented to the probate court must be a valid document. In some cases, there may be suspicions that the document is a forgery or not the original will. Fraud and forgery are two common grounds for will contests. If a previous version of a will has drastically different terms, that may be an indication of fraud or forgery in the new version. That’s why it is so important to dispose of old wills appropriately.

Lack of testamentary capacity

The testator must have testamentary capacity (be of sound mind). They must be an adult over the age of 18 and there should not be any evidence of mental health conditions that impair judgment. The reason for this is so that the will truly reflects the wishes of the testator.

If an interested party suspects that the testator lacked testamentary capacity at the time of drafting a will or making modifications, then the will can be contested.

Some other common reasons for will contests include:

● Undue influence. When an interested party asserts pressure on the testator to draft the will in a certain way.

● Improper execution. When the executor does not administer the will according to state law.

● Ambiguous terms. When the will is not easy to understand or contains contradictory terms.

To avoid will contests, it is best to have legal guidance behind you when drafting or making changes to the document.  Contact us online or call today for a free consultation with Pennington Law, PLLC.