Whenever someone dies and leaves a will, there is always the chance that certain people aren't going to be happy with the contents of the it.
This can lead people to believe that they have grounds for contesting the will.
The truth is that it is very difficult to contest a will without meeting a high level of evidence that one of four areas was violated.
First of all, a person would have to prove the will was not signed under applicable state laws.
There are certain laws in each state to govern how a will must be signed.
Some states require witnesses, for instance.
This is one of the most common reasons why a will is later found to be invalid.
If it can be proven that the will was not signed under the regulations of state law, it could be overturned.
Another reason the will may be contested is if it is believed that the signer lacked the capacity to agree to the terms.
Again, laws vary from state to state as far as what determines if a person does or does not have the capacity.
Some states will allow a person showing signs of dementia to still have the capacity to sign a will.
This is one of the most difficult things to prove when it comes to contesting a will.
A common reason that people bring up as it relates to contesting a will is that the testator was influenced into signing it.
The idea behind this reasoning is that the person may have become physically or mentally weak making them more susceptible to being influenced by other people.
Putting pressure on someone or causing them duress could be seen as a reason to contest the will.
This is difficult to prove as the level of duress can be very subjective.
Finally, the will can be contested if it is deemed to have been signed as a fraud.
In other words, was the testator tricked into signing the document? Perhaps they thought they were signing a different document when in reality someone was defrauding them by having them sign a will.
Sometimes individuals want to contest the will simply because they are unhappy with its contents.
That alone is never a valid reason to contest it.
If you have questions about your grounds to fight the contents of a will, it's important to speak with a probate or estate planning attorney who can give you proper guidance.
This can lead people to believe that they have grounds for contesting the will.
The truth is that it is very difficult to contest a will without meeting a high level of evidence that one of four areas was violated.
First of all, a person would have to prove the will was not signed under applicable state laws.
There are certain laws in each state to govern how a will must be signed.
Some states require witnesses, for instance.
This is one of the most common reasons why a will is later found to be invalid.
If it can be proven that the will was not signed under the regulations of state law, it could be overturned.
Another reason the will may be contested is if it is believed that the signer lacked the capacity to agree to the terms.
Again, laws vary from state to state as far as what determines if a person does or does not have the capacity.
Some states will allow a person showing signs of dementia to still have the capacity to sign a will.
This is one of the most difficult things to prove when it comes to contesting a will.
A common reason that people bring up as it relates to contesting a will is that the testator was influenced into signing it.
The idea behind this reasoning is that the person may have become physically or mentally weak making them more susceptible to being influenced by other people.
Putting pressure on someone or causing them duress could be seen as a reason to contest the will.
This is difficult to prove as the level of duress can be very subjective.
Finally, the will can be contested if it is deemed to have been signed as a fraud.
In other words, was the testator tricked into signing the document? Perhaps they thought they were signing a different document when in reality someone was defrauding them by having them sign a will.
Sometimes individuals want to contest the will simply because they are unhappy with its contents.
That alone is never a valid reason to contest it.
If you have questions about your grounds to fight the contents of a will, it's important to speak with a probate or estate planning attorney who can give you proper guidance.