When should you contest a will?
Property can break a family overnight. There are ample examples where close and dear ones become enemies just for a piece of land. Human history is full of such instances where brothers have fought over a will and became strangers for their lives.
A will may or may not seem acceptable in every situation by the parties involved. However, there are instances where people try contesting a will for one or the other reason. Only a will contest attorney will help you know how and when you should contest a will.
Consulting an attorney
When you consult a <will contest attorney>, he/she will tell you that you cannot contest a will just because you are not okay with the terms and clauses included in it. For a will to be contested, there are four reasons, one of which needs to stand true, in your case.
Let’s explore the four reasons:
The will was not signed as per the State Law
Every state follows a specific set of rules and laws to make sure things are legally sound. The same applies to the formulation of the will. Hence, the will must be signed by the owner following the State Law applicable to the same. Though it is the most important factor that is necessarily considered while getting the will signed, there might be little possibility of not having it done that way. This is when an attorney can help you with contesting a will.
When the testamentary capacity of the testator is questionable
There are instances when the testamentary capacity of the testator is doubtful. This happens in a very rare situation and hence very tough for your will contesting aspect to stand true against this point. Even when a person is suffering from dementia, it is likely that he or she remembers his assets well and knows the heirs too. In such a scenario, however, the importance of a witness increases. In case you question the will concerning this point, the witness’ perspective becomes crucial.
The will was signed under undue influence
It usually happens that a person signs a will under undue influence. This is mostly the case when people are aging, and they become physically and mentally weak, thereby ending up getting influenced by anyone who comes in. If this is the case and you can prove it, contesting a will is easier.
The will is acquired illegally
Suppose you can prove that the will was signed because of the testator being tricked. The procurement by fraud, if proven, makes it easier for you to contest a will.
Though it is very difficult for either of these reasons to be true in a particular scenario, the last will easily be invalidated if it does. With the help of a will contest attorney, you can challenge the same and proceed with the matter. If you have solid proof against the will formulated under any of the above circumstances, you don’t need to worry as you are destined to win in that case.