If your loved one prepared for their passing through drafting a will, their wishes regarding the distribution of their estate are probably clearly established. But, you may not agree with your inheritance. Or, you may question the capacity of the person who wrote the will (the testator) to make legal decisions prior to their death.
Though you might disagree with a will, you may not know on what basis you’re able to contest it. And, though various grounds for a challenge may apply to your situation, there are three main considerations which may factor into your decision to challenge a will.
Three main considerations in a will contest:
- Undue influence – This could factor into a will contest if you believe someone unnecessarily pressured your loved one into making certain decisions in their favor, but outside of the testator’s typical nature.
- Lack of soundness of mind – A person must have sufficient mental capacity to execute a will, with full comprehension of what they are willing, to whom, and the effect of what they’re signing during the creation of their will.
- Improper execution – Certain laws apply to effecting a legal document. The lack of meeting specific requirements could indicate fraud.
Challenging a will can be difficult and raising questions could potentially create conflict among family members. However, when something about the distribution of your loved one’s estate doesn’t seem right to you, trust your gut. It may give you, and your family, better peace of mind to have a professional evaluate the validity of your concerns.