A will is the starting point of an estate plan. This document allows the testator to provide instructions on how their assets should be distributed upon their death.
The assets go to the beneficiaries. These are often family members and close friends, but they can also be carers as well as charitable organizations. Should a beneficiary have problems with how the will was created or modified, they can challenge it. This is called a will contest.
Why do will contests arise?
Legal grounds
A will can be challenged on the basis of legal validity. This can involve challenging the conditions in which the will was drafted or executed. For example, there may be doubts as to whether the signature on the will is legitimate. Should this be the case, the will can be challenged on the grounds of suspected forgery or fraud.
To create or adjust a will, the testator must also be of sound mind. Officially, this is called testamentary capacity. If the testator was not of sound mind, then they lack the testamentary capacity that is a lawful requirement for drafting a wil. As wills are commonly drafted by the elderly or those with a debilitating illness, this is one of the more common reasons for will contests.
Undue influence
A will must reflect the true wishes of the testator. It is not supposed to reflect anyone else’s desires. Sometimes, an interested party may pressure the testator to make sure that terms are in their favor. This is called undue influence and it is a valid ground to challenge a will.
One way to avoid will contests is to have suitable legal guidance behind you when drafting the document.