When a person creates an estate plan, it’s meant to outline their wishes for after they pass away. In most cases, the estate plan is followed as it’s written when that happens. Unfortunately, there are times when the loved ones may feel like the will doesn’t accurately reflect the wishes of the decedent.
One option a person has if they believe that is to contest the will, but this shouldn’t be taken lightly. This is often an emotional process, especially when considering the grief involved. It’s something that only certain people can do, and there must be a valid reason to do it.
Who can challenge a will?
Not just anyone can contest a will. The individual must have a standing, which means that they’re either an heir or a beneficiary who’s directly affected by the terms of the will. This includes someone who was left out of the current will, but was in a previous will, even if they don’t have any other ties to the decedent.
When can the will be challenged?
One of the most common grounds for challenging a will is a lack of testamentary capacity. In simple terms, this means that the person didn’t understand what they were doing when they were creating the will. This can be due to mental illness, dementia or the influence of medication.
Another common reason is undue influence, which occurs when someone pressures the individual into making the will in a specific manner. The influencer is often someone who is close to the individual, such as a relative or a caregiver.
A will that isn’t executed properly or that was made using forgery or fraud can also be challenged. It’s important to have proof of the situation before challenging a will, but this must be done quickly because of time limits set by applicable laws.