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Estate Planning | Elder Law | Special Needs Planning

HOW CAN A WILL BE CHALLENGED?

HOW CAN A WILL BE CHALLENGED?

Are you aware that a will can be challenged? If something was done wrong when the will was created, you may find the need to contest it. There are various reasons why a will may not be valid.. If you have additional questions about how to contest a will, consult with an estate planning attorney.

  • A will must be signed pursuant to state law. If a will was not signed by the testator (i.e. the person making the will) and witnesses according to the state laws, it can be considered invalid. Many wills are contested for execution errors.
  • The testator must have had legal capacity to sign the will. A testator must understand what he or she is doing when signing a will, be able to identify the natural beneficiaries of his bounty, and the extent of his assets. Laws are very strict regarding this aspect of a will contest. It’s important to note that just because a person shows signs of dementia, does not mean that he or she did not have the legal capacity to sign a will.
  • A testator should not be influenced into creating a will or into including specific terms. If someone put extreme pressure on the testator so that he or she created a will in a specific way, this may be grounds for a will contest. It’s important to note that an individual nagging about getting a will is not enough for a successful will contest.
  • A will is invalid if fraud occurred. If a will has been subject to fraudulent activity, it may be contested. This may include changing terms of a will or adding new pages.

If you feel that a will is invalid, it’s important to seek legal guidance. If you have questions about how to contest a will, consult with a qualified estate planning attorney.

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