It can be incredibly difficult to lose a loved one but even more so if there are issues with their will afterward. Estate disputes can tear families apart, which is why working with an experienced attorney beforehand and seeking legal advice proactively is so important. Here are three common reasons for contesting a will and how to avoid these issues.

Why a Will May Be Contested

1. Lack of Capacity

It wouldn’t make sense to uphold the will of a person who didn’t understand what they were signing, which is why most states have laws regarding testamentary capacity. For a will to be valid, the person writing it needs to be a legal adult, be able to understand the nature of their property as well as the purpose of their will, and have the ability to form a plan.

If these elements weren’t in place when your loved one signed their will, it could be eligible for dispute. To prevent these problems, it is always easier for people when their family members draft wills when they are well enough to meet with a lawyer in person to draft paperwork.

2. Fraud or Forgery

Sometimes, family members or friends attempt to tip the scales in their favor by forging or falsifying estate documents. Examples might include typing a will for someone, forging their signature, or falsifying notary marks. However, in addition to being against the law, these actions can also be disputed with the help of an attorney.

3. There Is More Than One Will

In instances where there is more than one will, the courts will need to decide which document was created the most recently while also determining which will the deceased meant to leave behind. For instance, while there may be two wills in place, one created a few years before when the person was in a better mental state may be the one honored in court.

If you find yourself in a situation where you need legal advice from an attorney, turn to Looney, Looney & Chadwell PLLC. Based out of Crossville, TN, these attorneys have been serving the greater Crossville and Cumberland County areas for over 82 years, bringing hope and help to their clients. Learn more about their litigation, consulting, and transactional law services by visiting their website or giving their office a call at (931) 484-7569.