Will Contests

One of the fundamental grounds for will contests is the lack of testamentary capacity. The testator must be of sound mind and understand the nature of the estate and the consequences of their decisions when the will is made. In demonstrating the testator’s incapacity when executing the will, medical records, witness testimonies, and expert evaluations play critical roles.

Undue Influence

Undue influence occurs when the testator is coerced, manipulated, or pressured into changing the will in a way that does not reflect their true intentions. 

Fraud or Forgery

Fraud or forgery in the creation of a will can invalidate the document. This might involve forged signatures or the inclusion of false statements that mislead the testator. Evidence such as expert handwriting analysis and witness accounts are crucial in proving fraud or forgery.

Improper Execution

For a will to be valid, it must comply with specific formalities such as having the proper number of witnesses and notarization, as dictated by state laws. Any deviations from these legal requirements could render the will invalid. Disputes often arise when these protocols are not followed, necessitating a legal review to determine the will’s validity.

Unclear or Ambiguous Terms

If a will contains provisions that are vague or open to multiple interpretations, disputes can arise among beneficiaries regarding the testator’s true intent. In such cases, courts may need to interpret these ambiguous terms in the context of the entire will to ascertain the testator’s intentions.

Discovery of a More Recent Will

It is not uncommon for individuals to create multiple wills throughout their lifetime. The most recent will is generally considered valid, supplanting earlier versions, provided it has been properly executed and reflects the testator’s latest wishes. Discovering a more recent will can lead to contests, mainly if the new will significantly change the estate’s distribution.

Disinheritance Issues

Disinheritance can lead to conflicts, especially if family members who would typically expect to inherit are excluded. The laws regarding disinheritance vary significantly by jurisdiction and often require careful legal analysis to determine if the exclusion was lawful, particularly concerning spouses and children.

Steps to Take if You Believe You Have Grounds to Contest a Will

If you believe there are grounds to contest a will, it is essential to document your concerns meticulously and gather all pertinent evidence. However, consulting with an experienced estate planning attorney like Marc Fishbein is equally essential. His guidance can be crucial through this complex process. Fishbein Law Group offers the expertise to evaluate a will’s validity and ensure that your rights and interests are effectively represented in court.