A will details how an estate should be disbursed according to the testator’s last wishes. The estate is distributed during the probate process, which happens after the executor submits the will to the probate court. The probate process can take several months to a year depending on the complexity of the estate. During this time, the will might be challenged.
Heirs, beneficiaries and other interested parties can dispute a will. This can delay the probate process and alter how assets are distributed. While someone might challenge a will because they didn’t get what they expected, there might also be valid and legal reasons to dispute it. Here are several of those.
Undue influence
A will might be challenged if someone believes it was created under undue influence. Undue influence happens when someone persuades a testator to make a will that greatly benefits them. This party may have a personal relationship with the testator or is in a position of power. This decision is often not in the testator’s best interests.
Lack of testamentary capacity
Over time, many people develop cognitive and physical conditions. These medical conditions may cause a lack of testamentary capacity. When a testator has a lack of testamentary capacity, they are not in “sound mind” to understand the terms and consequences of a will.
Duplicate wills
Many people draft new wills over time. Old wills should be destroyed or clearly marked as void. If multiple wills are found and it isn’t clear which one is the newest, then it could lead to difficulties in settling the estate.
Signatures
A valid will needs a signature from the testator and a signature each from two witnesses. These witnesses should not have any claim to the estate. If these signatures are missing or if a witness does benefit from an estate, then the will could be challenged.
Challenging a will is a complicated process. It requires a valid reason and evidence. Having experienced legal guidance.
