Yes, there are instances where a will can be legally challenged. Contesting the legality of a will or voicing doubts about its contents are common challenges. It’s crucial to keep in mind that challenging a will may be a difficult legal process and that different jurisdictions have different rules that apply to will disputes. To fully understand the particular criteria and procedures in your jurisdiction, it is important to speak with a certified legal expert, such as those at Darwin Gray, who specialises in estate or probate law.
Here are some common grounds on which a will can be challenged:
- Lack of testamentary capacity: It may be said that at the time the will was written, the testator—the person who made it—lacked the mental ability to comprehend its nature and implications. This may be the result of things like dementia, a mental disease, or improper influence.
- Undue influence: A will may be contested on the grounds of undue influence if there is evidence that suggests the testator was pressured, manhandled, or improperly persuaded by another person to include specific provisions in the will.
- Fraud or forgery: A will may be contested on these grounds if there is proof that it was forged or that fraudulent practices were used in its creation.
- Lack of proper execution: In general, wills must adhere to certain legal requirements, such as being in writing, being signed by the testator, and being acknowledged by the necessary number of witnesses. It may be contested on this ground if there are questions about the will’s proper execution.
- Testamentary capacity: One may claim that the testator lacked the mental ability needed to comprehend the nature of their possessions or the implications of the will’s terms.
- Revocation or prior will: It would be conceivable to contest the current will on the grounds that the testator revoked the will or had another legal will in place if there is proof of any of these events.
- Clerical errors: A legal challenge may be necessary to correct any faults or drafting problems that a will may have in certain circumstances.
It’s crucial to remember that contesting a will may be a financially and emotionally taxing procedure. It is best to get legal counsel from a qualified estate or probate attorney who can evaluate the particular circumstances and offer advise on the possibility of success and any associated expenses when challenging a will.