Opposing Final Wishes: 5 Reasons Why Families Contest a Will
Regarding our final wishes, most of us have specific ideas about how we want things to be handled. Whether deciding who will receive our possessions, making arrangements for our funeral, or simply expressing our wishes for our loved ones after we’re gone, having a will is the best way to ensure that our desires are carried out. However, there are instances when families contest a will. But what are the reasons? Here are some ideas.
1. Execution Issues
If a will is not executed correctly, it may be challenged in court. Discrepancies in the will can immediately subject it to contentions. Additionally, if the person who made the will was not of sound mind at the time may be grounds for challenge.
If there is any indication that the will wasn’t executed correctly, the court may rule that the will is invalid. Execution issues can happen if the will is not dated, the testator’s name is misspelled, or the witnesses don’t remember the testator signing the will.
2. Undue Influence
If a person was pressured or coerced into making a will, that might be grounds for challenging the will. For example, if someone were threatened with violence or blackmailed into making a will, that would be considered undue influence.
If there is evidence that the testator was unduly influenced, the court may rule that the will is invalid. It can be difficult for the beneficiaries, as they may not receive the expected inheritance. Therefore, it is vital not to coerce someone into changing their will out of fear.
3. Testamentary Capacity
When a person makes a will, they must have testamentary capacity. That means that they must be mentally competent. They must understand the nature and extent of the property they distribute and the people who will receive it.
The will may be invalid if a person does not have testamentary capacity. A court will examine whether the person was lucid when they made the will and whether they understood the nature of the property they were distributing.
4. Forgery
Forgery is the process of making or altering a document with the intent to deceive. It is a lawful offense and invalidates the will’s effectiveness. If you discover a will forged, it’s essential to take action immediately.
The court will appoint an administrator to handle the estate if the will is invalid. It is different from an executor named in a valid will. The administrator will be responsible for distributing the estate according to the laws of intestate succession.
The person who forged the will may also be guilty of a crime, like fraud or forgery. If you have any evidence of this, you should contact the police. They may be able to launch an investigation, and if the person is convicted, they could face severe penalties.
5. Rectification
Rectification is a legal remedy that can be used to correct errors in a will. The court can order the will to be changed if it can be proven that the testator intended to include a particular provision but made a mistake in drafting the will.
Conclusion
If you’re not happy with the terms of a will, you may be able to contest it or ask the court to rectify the will. If you’re contesting the will, you should get in touch with a solicitor with experience in this area.
They can help you with the process of challenging the will, give you advice on your chances of success, and help you put forward your case. If you’re considering contesting a will, contact a solicitor today.
Estate Planning Lawyers Colorado is a law office catering to clients needing assistance from estate planning attorneys. We can take care of disability planning for people planning for lifetime control over financial and healthcare decision-making. Write a living will with us and allow us to handle claims made later on.
