Although it may not be something you want to do, there could come a point when you realize that you need to challenge a will. This is a complex process full of twists and turns, but if you have reason to believe that it’s the best decision, it’s important to move forward.
Here are some of the top reasons to challenge a will:
- Testamentary capacity. It is presumed that all adults have testamentary capacity; however, there are times when this may not be true. Challenging this is typically on the basis of dementia, senility or some other type of mental disorder.
- Fraud or forgery. Do you have reason to believe the will was procured by forgery or fraud? This could be as simple as someone manipulating another person into leaving them some or all of his or her property.
- The presence of another will. It’s possible that a person could have more than one will. If you believe that the court is using an outdated will, it’s reason enough to challenge the process.
- Lack of appropriate witnesses. A will must be signed and dated by the person creating the will, as well as at least two adult witnesses.
Challenging a will is easier said than done, but there are times when you are given no choice but to do this.
If you find yourself in this position, it’s important to learn more about the steps you need to take and the way the probate process will unfold. This will help you understand your position and what you can do to prove your point to the court.
Source: FindLaw, “Reasons to Challenge a Will,” accessed Aug. 11, 2017