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When can a person challenge a will?

On Behalf of | Jul 11, 2022 | Wills |

Your will is one part of your estate plan. Many people will have a will in place, but they’ll also have at least one trust set up. While a will is fairly simple to get set up, it’s also an estate planning component that might be called into question after you pass away. 

There are several reasons why a will can be challenged, but not anyone can do this. In order to contest a will, a person has to meet certain requirements. These include being named in a previous version or the current version of the will or being someone who could get the assets if a will wasn’t present. 

What are the grounds for contesting a will?

A person who wants to challenge a will must have a valid reason for doing this. There are a few that are possible, such as: 

  • Undue influence by another party
  • Absence of appropriate witnesses to the will
  • Legal provisions aren’t met within the will
  • The will’s creator didn’t have the required mental capacity
  • Another, more recent, will is found or it’s unclear which will is the most recent

Most courts lean heavily toward complying with the will as it’s written unless it’s very clear that there are problems with it. Exploring the possibility of challenging the plan and what the process might entail is important so you understand the specifics of what you should expect.

Making sure that you have your estate plan in order is critical so your loved ones can follow your directions. Getting everything set up while you’re in the best mental shape is one way you can ensure the will is going to be considered valid. Be sure you work with someone who can help you find ways for your wishes to be clearly relayed in a way that can be followed exactly when you pass away. 

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