When a loved one passes away, the legal process of distributing their assets can often be an emotional and complex ordeal. For many families, a will is a guiding document that clarifies how the deceased’s estate should be divided. However, even with a will in place, disputes can arise, leading to contested wills and, ultimately, estate litigation.
In some cases, beneficiaries or other parties may feel that the will does not reflect the deceased’s true intentions or that they have been wrongfully excluded. Understanding the factors that lead to these disputes can help families navigate the complexities of estate litigation. Working with an experienced estate attorney can make all the difference in resolving such conflicts.
What is a Contested Will?
A contested will, therefore, refers to a will that has been challenged in a court of law over its validity or how it is being implemented. This usually happens when one or more parties feel that the will made by the deceased does not reflect their true wishes or where a party feels that they have been favored or otherwise disadvantaged in the will. Will contests are always stressful and expensive since one party is usually pitted against another, mostly relatives. Most often, the contests are addressed in estate litigation, with the court intervening to decide.
Grounds to Challenge a Will
The following are some of the reasons why a will may be challenged, and it is important that anyone involved with estate lawsuits understand these issues. The following are some of the most usual reasons why the validity of a will can be contested.
Lack of Testamentary Capacity
Another common ground for challenging the will is that the deceased, when making the will, was not in the right state of mind to make sound decisions. It is the ability to understand the nature and effect of deeds while preparing a will. The individual has to know how much of the assets they have, who naturally is the rightful beneficiary of those assets, and what would happen if the assets are distributed as provided in the will. If there is proof that at the time the testator was making the will, they had some mental disorder such as dementia or Alzheimer’s disease, then the validity of the will can be challenged.
In estate litigation, the court will examine medical documents, the testimonies of health care providers, and other witnesses to establish whether the testator had the requisite capacity at the time he/she made the will. In certain circumstances, if a court is satisfied that the testator could not make a will, the will will be set aside.
Undue Influence
Yet another prevalent cause of disputing a will is the apprehension of undue influence. This happens when the testator is coerced by a close associate, such as a member of the family, a caretaker, or an attorney, to change the will in favor of the influencing person. However, unlike lack of testamentary capacity, undue influence does not focus on the state of mind of the testator.
To establish the case of undue influence, there is usually no concrete evidence of force or coercion. The nature of proof sought by courts is generally designed to demonstrate that the testator was in some way susceptible to influence by the person now accused of having unduly influenced the testator. They also consider whether the recipient of the alleged influence was in a position of power or influence over the testator when the will was made. If the court finds that undue influence was exerted, the will could be set aside, and the prior drafts of the will would distribute the estate, or if there were none of the laws of the state of intestacy.
Fraud or Forgery
Another reason for a contest is fraud and forgery of the will. In the case of fraud, there may be general instances where the testator was put under undue pressure or influenced in some way to sign a will that was not what they intended. This can happen, for instance, if the testator is given a document and told it is something else or is forged to sign a will they did not read or approve.
Fraud entails the actual counterfeiting of the testator’s signature on a will or the preparation of a fake document in the form of a genuine will. The court will likely invalidate the will if fraud or forgery is proved to have been committed in making the will.
Procedural Errors
Even though a will can genuinely express the last wishes and desires of the individual, it can be challenged if it is not made correctly. Different state laws exist, but most lay down certain legal formalities that must be observed when making the will and signing it. Such procedures may require witnesses, a notary, and specific statements on property division. However, if the will does not contain certain formalities such as signatures, seals, or witnesses, it may be challenged based on form. This is because it is easier to prove than undue influence or fraud since the court will depend on documents and witnesses.
Conclusion
Dispute over estates is always a sensitive and technical process that follows the death of a person, wildly when the will is being disputed. An awareness of the circumstances that give rise to these disputes, including, for example, lack of testamentary capacity, undue influence, fraud, and procedural irregularities, would assist those in a better position to avoid such disputes. Being a beneficiary or executor, a contested will situation entails a good understanding of the law and the issues surrounding the execution of the will.
