Contesting a will is a delicate legal matter that arises when individuals question the validity of a testament left by the deceased. While honoring the departed’s wishes is paramount, situations sometimes arise where doubt shrouds the document’s authenticity.
Whether rooted in concerns about the testator’s mental competence or the document’s completeness, each reason necessitates careful examination.
This comprehensive guide explores the top five reasons individuals may contest a will. It also outlines the steps for a successful legal process.
Can You Contest a Will?
Yes, you can contest a will under certain circumstances. However, note that it is a complex legal process and may only sometimes guarantee success.
Seeking the assistance and guidance of an experienced estate attorney is highly advisable, as they can assess the merits of your case. They can also guide you through the legal procedures and represent you during court proceedings.
To save resources, individuals should carefully consider the strength of their legal standing before deciding to contest a will.
4 Reasons to Contest a Will
Understanding the following reasons is key if you contest a will.
Reason #1: The Testator Was Not Mentally Competent
Some individuals contest a will because they claim the testator was not mentally competent when drafting the document. Mental competence is crucial for a will to be considered valid.
If the testator had dementia or any condition affecting their mental capacity, it could raise questions about their ability to make sound decisions regarding their estate.
When contesting a will due to dementia or mental incompetence, you may have to:
Gather Medical Evidence
Collecting medical records and expert opinions that demonstrate the testator’s mental state at the time of creating the will is essential. Consult with a licensed medical specialist to assess and provide an opinion on the mental competence of the deceased.
Seek Legal Representation
Find an experienced estate lawyer who specializes in contested wills. This legal professional can advise you through the process and help gather evidence needed to contest a will.
Collect Witness Testimonies
Interview individuals who interacted with the testator during the period in question. Witnesses can provide valuable insights into the testator’s mental state and capacity to make rational decisions.
Reason #2: Incomplete Will
A will must meet strict legal requirements to be deemed valid. If a will lacks essential elements, you may contest it because it is legally insufficient.
Here’s what you need to do when you want to contest an incomplete will:
Consult an Attorney
Ask for legal advice from an attorney with a high success rate of contesting a will. They can identify missing or ambiguous clauses that may invalidate the will.
Gather Evidence
Collect evidence that supports your claim that the will is incomplete. You may compare the will with standard formats and highlight deviations that violate legal requirements.
Present Legal Arguments
Your attorney will construct legal arguments based on the inadequacies of the will. They will present these arguments during court proceedings to demonstrate why the will should be considered incomplete and invalid.
Reason #3: Interested or Inadequate Witnesses
How do you contest a will? The presence of proper witnesses is a crucial step for validating a will. If the witnesses have a personal interest in the estate distribution or do not meet legal requirements, you may contest the will on these grounds.
To contest a will with inadequate witnesses:
Identify Witnesses
Determine who the witnesses to the will are and assess their relationship with the testator. Challenge their credibility if they stand to gain substantially from the will or do not meet the legal criteria for witnesses.
Gather Witness Statements
Collect evidence needed to contest a will, especially if there are concerns about the credibility of the witnesses. You may question witnesses regarding their relationship with the testator and any potential coercion or undue influence.
Legal Challenge
With the assistance of legal counsel, challenge the will’s validity based on inadequate or interested witnesses. The court will then review the evidence and determine whether the witnesses meet legal standards.
Reason #4: Somebody Created a Fake Will
Discovering a fake or fraudulent document is one of the most egregious reasons for contesting a will. If the will in question is not the authentic testament of the deceased, it can be invalidated.
Here are things to do to contest a fake will:
Check for Discrepancies
Carefully examine the contested will for discrepancies that differ from the testator’s known style.
Perform Forensic Document Examination
Engage a forensic document examiner to scrutinize the will for signs of forgery. They will assess handwriting, ink, and other elements to determine the document’s authenticity.
Take Legal Actions
If strong evidence indicates the will is fake, work closely with an attorney with a success rate of contesting a will. Seek help in filing a legal challenge. Present documents and any other relevant evidence to demonstrate the fraudulent nature of the contested will.
How Long Will It Take to Contest a Will?
The time frame, or statute of limitation, varies depending on jurisdiction. The period typically ranges from a few months to years after the probate process begins or the date of the testator’s death.
So, if you have legitimate reasons to contest a will, act immediately. You must complete the deadline. This way, you avoid the forfeiture of your right to challenge.
To determine the statute of limitations on contesting a will applicable to your situation, consult an experienced estate attorney. They can also provide sufficient guidance based on the laws in your jurisdiction.
Choose Cristy J. Carbón-Gaul for Your Contestation Journey
When faced with contested wills, selecting the right legal ally is crucial. Look no further than Cristy J. Carbón-Gaul, an accomplished estate attorney.
With a proven track record, she brings unmatched expertise to guide you through the complexities of will contestation. Cristy’s commitment to excellence makes her the optimal choice. Trust in her services for a successful contestation process.
Make the wise choice when contesting a will — choose Cristy for unparalleled expertise and unwavering support. Schedule a consultation today!