A will provides instructions for how a loved one’s estate should be distributed after they pass away. In many cases, the deceased’s money, property and other assets are distributed without conflict. However, disagreements sometimes arise when beneficiaries, family members or other interested parties believe a will does not reflect the deceased’s wishes or is legally invalid.
A will cannot be contested simply because someone disagrees with its terms. There must be valid legal reasons to contest a will. Here are three common grounds for challenging a will.
1. Lack of mental capacity
The person creating a will must generally understand what they are doing, the extent of their estate and who would ordinarily be expected to benefit from it. If a person lacks the mental capacity to make a valid will, the document may be challenged. Conditions such as dementia or other cognitive impairments can sometimes affect a person’s ability to make these decisions.
However, a diagnosis alone does not necessarily mean someone lacked the capacity to create a will. Medical records, witness testimony and other evidence may help establish the person’s mental condition at the time the will was signed.
2. Undue influence
A will must reflect the wishes of the person creating it, not the demands of someone else. Undue influence occurs when another person exerts improper pressure or manipulation that overcomes the individual’s free will.
This can happen when a relative, caregiver or other trusted person pressures someone into disinheriting family members or disproportionately distributing assets in their favor. A sudden or unexplained change to a will, particularly when accompanied by evidence of threats, isolation or manipulation, may raise concerns about undue influence.
3. Forgery or alterations
A will may also be contested if there is reason to believe it was forged, altered or otherwise tampered with. For example, someone may have forged the deceased’s signature, changed provisions without authorization or substituted a fraudulent document for the original will.
Missing or suspicious signatures, inconsistent documents and unexplained changes may raise questions about a will’s authenticity. However, not every irregularity proves fraud. Evidence may be needed to establish that the document does not reflect the deceased’s intentions.
An invalid will can undermine a loved one’s final wishes and create lasting disputes among surviving family members. Professional legal guidance can help determine whether there are valid grounds to contest a will and what steps may be appropriate.