A will should represent the final wishes of the testator in full. Unfortunately, there are occasions when this does not happen.
If this is the case, then it is possible for concerned parties to contest the will during probate. This can be a complex process, so it’s important to recognize some of the more common reasons why a will might be invalid. Outlined below are a few things to keep in mind.
The presence of fraud
Occasionally, multiple wills may present themselves during probate. If this occurs, then it’s crucial to recognize the valid document. It’s not unheard of for wills to be forged or subject to fraudulent activity. Even if there are doubts over the authenticity of the signature on the will, then a legal challenge can be made.
Was the testator manipulated?
Sadly, money can bring out the worst in people, and someone who was close to the testator may have tried to manipulate them into including something or making a change that benefits them. When an individual has asserted pressure on the testator to make changes to their will, this is referred to as undue influence. This is one of the more common grounds for a will contest.
Was a dependent left out?
When someone has relied on the financial care of the testator throughout their life, but has been left out of the will, this can also provide grounds to bring a challenge to the will.
The decision to contest a will is a big one, and it’s not something you should go through on your own. Before making any commitments, make sure you have legal guidance.