A family’s worst nightmare is when someone challenges a will. There may be reasons why a will can be considered invalid. The one certainty is that will contests can be emotional and unpleasant. Here are some common reasons for will contests.
Lack of Testamentary Capacity
The testator (person who makes the will) must be physically and mentally capable at the time they make the will. If not, the will is not valid. For example, someone in the latter stages of dementia would not have the legal capacity to execute a will. These types of will contests can be expensive because you would need to go back in time to prove that the person was incapable.
A third party (including family members) could have taken advantage of both their power and the fact that the testator was in a weakened capacity to assert their influence. That third party likely prevailed upon the testator to do their bidding in making the will a certain way or changing it.
The will itself could be fraudulent in that the testator was tricked into signing it. The testator could have been told that the document that they were signing was something other than a will. Someone may have inserted language into the will that the testator did not know about when they signed it.
Regardless of the reason, will contests will be an intensely factual proceeding where family members are fighting about money. You should do everything in your power to avoid this situation when the time comes that your will is needed.
Contact a Lincolnshire Probate Litigation Attorney
The attorneys at Charles Newland & Associates represent executors and family members in will contests. To get an experienced attorney working for you, call us today at 847.797.9300 or contact us online.