When a person writes a will, it’s meant to reflect their wishes. Unfortunately, there are some instances in which this might not happen. Challenging a will is possible if there is a valid reason to believe that those wishes weren’t accurately reflected in the document.
There are a few things that might happen that could lead to a person thinking that the will isn’t valid. If these occur, filing a challenge is possible. Examining the circumstances that are present may help you to determine whether there’s a valid reason or not.
What grounds are there to challenge a will?
In order to create a will, a person must be legally able to do so. This means they’re over 18 years old and able to understand the ramifications of their instructions. If these aren’t present, the will cannot be contested.
Wills that are made under undue influence can also be challenged. Fraud and forgery are also valid reasons.
In some cases, a will is contested because there is a newer will found. It’s also possible that a challenge can be challenged due to a lack of witnesses to the signature of the document or because of other reasons why it isn’t legally valid.
You will have to show why the will shouldn’t be considered legally valid. If you need to file a challenge for a will, it’s best to work with an attorney who is familiar with this area of law. They can help you understand your options and potential outcomes, thus helping you make an informed decision about whether to mount a will challenge.