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Common Reasons Why Wills Are Contested

November 29, 2024

estate planning lawyer Maryville, TN

One of the most common estate planning tools people use is a will. While the purpose of a will is to carry out the last wishes of the person who has passed (the testator), there are situations where it can be contested, often stemming from disagreements over the testator’s intentions, concerns about the validity of the will, or perceived injustices in the distribution of assets. Contesting a will is a legal challenge made by someone who believes they are entitled to a larger share of the estate or who disputes the will’s validity. This is why it is critical to have an experienced Maryville, TN estate planning lawyer draw up your will and other estate planning tools.

The following are some of the most common reasons a will might be contested. Call Carpenter & Lewis PLLC to protect your estate plan.

Lack Of Testamentary Capacity

One of the most frequent grounds for contesting a will is the argument that the testator did not have the mental capacity to create a valid will when it was executed. For a will to be valid, the testator must understand the nature and extent of their assets, the people who may be entitled to inherit them, and the consequences of distributing their assets in a certain way. If there is evidence that the testator was suffering from a mental condition such as dementia, Alzheimer’s disease, or another cognitive impairment when the will was created, heirs may challenge its validity.

A will can be contested on the grounds of lack of testamentary capacity if it is shown that the testator did not comprehend these factors when they made decisions about their estate. For example, if the testator was under the influence of medication or experiencing significant mental decline, they may not have been able to make informed decisions. Medical records, witness testimony, and expert evaluations are often used to support claims of incapacity.

Undue Influence

Undue influence occurs when the testator is manipulated or coerced into making decisions they would not have made under normal circumstances. If someone exerts pressure on the testator to change the will or alter their wishes and that pressure results in changes that benefit the influencer, the will can be contested. This often involves situations where a vulnerable testator is overly influenced by a family member, caregiver, or friend who stands to gain from the changes.

For example, if an elderly person is dependent on a caregiver and is persuaded or threatened into leaving a larger portion of their estate to that person, family members may contest the will on the grounds of undue influence. Contesting a will on these grounds usually requires evidence of the influencer’s behavior, such as manipulation, isolation of the testator, or proof of sudden, unexplained changes to the will.

Improper Execution

For a will to be legally binding, it must be executed according to the legal requirements of the jurisdiction in which it was made. These requirements typically include the presence of witnesses when the will is signed, the testator’s signature, and the testator’s acknowledgment that the document is their last will and testament. If the proper formalities are not followed, the will may be deemed invalid.

Common issues related to improper execution include:

  •  The absence of witnesses or an improperly executed witness signature.
  • The testator signed the will under duress or without understanding its content.
  • The will was executed without the necessary formalities, such as the presence of an attorney or proper witnessing as required by state law.

If a will was not properly executed according to legal standards, heirs or other interested parties may contest it by arguing that the will is invalid because it fails to meet the required formalities.

Fraud Or Forgery

A will can be contested on the grounds of fraud or forgery if there is evidence that the document was either created through dishonest means or that the testator’s signature was forged. Fraud can occur if someone intentionally deceives the testator into changing the will, such as misrepresenting facts or concealing important information. This often involves situations where a beneficiary falsifies information or convinces the testator to make decisions under false pretenses.

On the other hand, forgery occurs when someone signs the will on behalf of the testator or alters the document after it has been signed. In these cases, a will may be contested if someone can prove that the signature on the will is not that of the testator or if the document was altered or tampered with.

Protect Your Family And Your Estate

It is essential for individuals drafting a will to follow legal requirements, make clear and informed decisions, and be aware of the possibility of these challenges. Although many online services claim to provide “safe” templates to draft wills, it is always critical to have an estate planning lawyer look over any documents you are considering filing. Call Carpenter & Lewis PLLC to help you with all of your estate planning needs.