Dealing with the loss of a loved one is challenging enough, but when questions arise about the validity of their will, it can add another layer of complexity. If you are considering contesting a will, it is essential to understand the legal grounds on which you might base your claim.
Below are common reasons for contesting a will in probate court.
Lack of testamentary capacity
One of the most frequent grounds for contesting a will is questioning the testator’s mental capacity when they created the document. For a will to be valid, the person making it must have been of sound mind and understood the implications of their decisions.
If you believe the testator lacked this capacity due to dementia, illness or other factors, you might have grounds for a contest.
To establish a lack of testamentary capacity, you might need to demonstrate that the testator:
- Did not understand the nature and extent of their property
- Could not recognize their natural heirs
- Was unable to grasp the effect of their will
Undue influence and fraud
Another common basis for contesting a will involves allegations of undue influence or fraud.
Undue influence happens when an individual applies overwhelming coercion on the person making the will, causing them to make decisions they would not have made otherwise.
Fraud, conversely, involves deliberate deception to manipulate the will’s contents.
Signs that might suggest undue influence or fraud include:
- Sudden changes to the will, especially those benefiting individuals who recently entered the testator’s life
- Provisions that seem out of character for the testator
- Evidence of the testator’s dependency on a beneficiary
Contesting a will can be a complex and emotionally charged process. Before proceeding, consider the potential impact on family relationships.
When contesting a will, it might also be worth remembering that each case is unique, and the success of a will contest depends on the specific circumstances and evidence available. Consider seeking legal advice. An attorney could help you understand your options.
