Common Reasons Wills Are Contested

Estate Planning Lawyer

Wills get contested these days more often than you may think. If you believe there is something incorrect about your deceased family member’s will, you shouldn’t hesitate to talk to an estate litigation attorney about it. After all, it is important that you be treated fairly. Here are some common reasons wills get contested:

The Person Lacked the Capacity to Create a Valid Will

In order for a will to be considered valid, the person making it must be of sound mind. If you believe the testator did not have the mental capacity to create a will, you may be able to contest it. For example, if your parent had Alzheimer’s and you believe he or she was unfairly influenced by someone else when the will was established, the will may not be valid.

Family Members Were Disinherited

Even seemingly close members can get into big fights and stop speaking to each other. For example, if a person married someone that his or her parents did not approve of, the parents may choose to remove the person from their will. This may sound harsh, but it happens more often than you may think. The family member who got disinherited has an opportunity to contest the will in court.

Unfair Asset Distribution

A will can also get contested if a person believes he or she is not receiving a fair amount of assets. For example, an adult child may receive much less than a sibling because the sibling needs more financial assistance. The adult child who receives less may still believe that’s unfair treatment and contest the will.

Undue Influence

A will is not considered valid if the testator was in any way influenced or coerced. For instance, a family member may threaten to never speak to a testator again if he or she didn’t include certain things in the will. If this is the case, the will may be contested in court.

Forgery

If family members believe that the testator’s signature on the will was forged, they can contest the will.

Hiring an Estate Litigation Lawyer

If you believe that you are not getting your fair share in your family member’s will or the will is invalid in some way, you should consult with a skilled estate litigation lawyer. He or she can look over the will and determine if you have legal grounds to contest it or not.

Contesting a will can be quite complicated if you do not have any knowledge of the law, so it’s best to retain an attorney. You are already dealing with so much grief and stress. Why add even more stress to your plate? An estate litigation attorney can take you through every step of the process and ensure everything gets done correctly.

Schedule a consultation with an estate planning lawyer Abingdon, VA trusts today. Many attorneys offer free initial consultations, so you have nothing to lose by speaking to one.

 


 

Thank you to our friends and contributors from The Law Offices of Mark T. Hurt for their insight into estate planning and wills.