What Are the Grounds for Contesting a Will?

There are many different situations in which it is appropriate to contest someone’s written will. If a loved one of yours has recently passed away and you have some sort of issue with the will they left, you can choose to hire a solicitor to help you challenge it. While it’s true that wills are legitimate and legally binding documents, they can be contested if there is a valid reason for doing so. The more you learn about contesting a will, the better prepared you are going to be for this process.

Failure to Follow Proper Procedure

If proper procedure was not followed for the will, there is a good chance that you can successfully contest it. There are certain formalities that need to be taken care of before a will can become legally binding and put into effect. You will need to see if there was in fact a step in the formal procedure that wasn’t followed so you can challenge the will. Lack of Capacity Another situation in which a will could be contested is if the person who wrote it didn’t legally have the capacity to do so. If a person has dementia, for example, they cannot legally write their own will. This lack of capacity is a perfectly acceptable reason to challenge a will, but it can be somewhat difficult to prove.

Fraud

If you suspect fraud with regards to a loved one’s will, you absolutely can and should contest it immediately. You will be able to do this by simply demonstrating that the will is a result of fraud and not legitimate. Unfortunately, this sort of fraud is not altogether uncommon. In the event that you can prove that fraud has been perpetrated with the will, you will most likely be successful in contesting it.

Witnesses

When you are trying to contest someone’s will, it certainly helps to have the testimony of the people who actually witnessed the document being signed. The requirements for witnesses vary depending on the area of the country, but there should be at least one unbiased party who can attest to the legitimacy or illegitimacy of the document. A professional wills and probate solicitor will be able to provide you with the information you pertaining to the witnesses.

Undue Influence

A will can be contested if it can be proven that the person who wrote it did so under duress. If a person influenced the writer of the will in an unfair or fraudulent way, the document is no longer considered legally binding and can be challenged. You must, however, prove that undue influence was a factor in the writing of the will. If you suspect that one of your loved ones wrote their will as a result of negative influence, you should get in touch with trusted solicitors. If you’re struggling to find someone, a great example can be seen through Spencers Solicitors who are wills and probate solicitors with 40 years of experience. You can also head over to this page to find a solicitor in your area. While just being unhappy with a person’s will isn’t enough to contest it, you could potentially do so if you are able to prove that it is not legally valid for whatever reason. Whether it is the result of fraud or undue influence, there are lots of circumstances that can lead to challenging a will.]]>