When someone passes away, their will typically outlines how their assets should be distributed. However, there are situations where the validity of a will may be questioned.
This can happen due to doubts about the deceased’s mental capacity when creating their will, suspicions of undue influence by another party, or concerns about the will not meeting legal requirements. Either way, contesting a will can be a complex and emotional process, which is why you need to understand the grounds for it before considering this step.
In this article, we’ll try to simplify the process by explaining common reasons for challenging a will. We aim to provide clear guidance to those facing the difficult decision of whether or not to contest a loved one’s final wishes.
Let’s begin.
1. Lack of Testamentary Capacity
One common reason for contesting a will is a lack of testamentary capacity. This means that the person who made the will (the testator) did not fully understand what they were doing at the time.
For this legal document to be valid, the testator has to be of sound mind when creating their wills online or offline. They need to know the extent of their assets, the people who would typically inherit them, and how the will is going to distribute their property.
If there are doubts about the testator’s mental state due to illness, medication, or other factors, the will can be challenged on the grounds of lacking testamentary capacity.
2. Undue Influence or Coercion
Another reason for challenging a will is undue influence or coercion. This occurs when someone pressures or manipulates the person making the will (the testator) to change their decisions about how their assets will be distributed.
This influence can be subtle or overt, but it ultimately means that the testator’s free will was compromised. The common signs of undue influence include sudden changes to the will that benefit one person disproportionately or the presence of someone exerting control over the testator’s decisions.
If this type of undue influence is proven, the will can be declared invalid, ensuring that the testator’s true wishes are honoured.
3. Fraud or Forgery
Fraud or forgery is another valid reason to contest a will. Fraud happens when someone deceives the person making the will (the testator) into signing a document that doesn’t reflect their true intentions.
In case of fraud, the testator might be tricked into signing a will under false pretences. Moreover, forgery could involve someone faking the testator’s signature or altering the will without their knowledge.
Either way, both fraud and forgery undermine the authenticity of the will. So, if it’s proven that the will was created or altered through fraudulent means or forgery, it can be declared invalid, ensuring the true wishes of the testator are respected.
4. Improper Execution of the Will
Improper execution of a will is a common reason for contesting its validity. This is because, for a will to be legally binding, it has to meet certain formal requirements.
This typically includes being in writing, signed by the testator, and witnessed by at least two people who were present at the same time. If any of these steps are not correctly followed, the will may be considered improperly executed.
For example, if the witnesses did not see the testator sign the will, or if the will was not signed at all, it can be challenged and potentially declared invalid in court.
5. Ambiguities or Mistakes in the Will
Ambiguities or mistakes in a will can also be grounds for challenging its validity. Ambiguities occur when the language in the will is unclear, making it difficult to understand the testator’s true intentions.
Mistakes might include incorrect names, wrong descriptions of assets, or inconsistent instructions. All of these errors can lead to confusion and disputes among beneficiaries. That’s why clear, precise language is essential to ensure that the testator’s intentions are accurately reflected.
If a will contains significant ambiguities or mistakes, it can be challenged in court. The court may then interpret the will to determine the testator’s actual wishes or, in some cases, declare the will invalid.
To Sum Up
Contesting a will is a serious and often challenging decision. That’s why understanding the common grounds for it—such as lack of testamentary capacity, undue influence, fraud or forgery, improper execution, or mistakes—can help you navigate this complex process.
By being aware of these reasons, you can better assess the validity of a will and take appropriate legal action if necessary. It is always advisable to consult with a legal professional to guide you through the process, ensuring that the true wishes of the deceased are honoured and respected.