One of the many essential documents in estate planning, a will outlines what properties and other assets will be inherited by family members, friends, and organizations following an individual’s passing. And while not everyone involved in the individual’s life may have a place in the will or dislike how the assets are divided, they typically must accept the testament as final. However, there are times when a person has legal grounds for contesting a will, as outlined below.

5 Times Contesting a Will Is Legally Acceptable

1. Mental Incapacity

The testator, or person creating the will, must be of sound mind. If it can be proven that the individual had dementia, Alzheimer’s disease, or was otherwise mentally incapacitated at the time of the document signing, the will can be contested. Any testator must have a full understanding of the amount and value of the property under distribution, as well as who will inherit the property and what it means for the specified individuals, groups, or organizations to receive the property.

2. Undue Influence

Individuals subject to constant verbal abuses regarding their wills are under “undue influence,” according to the law. Family members, employees, friends, and other individuals close to the testator may constantly nag and even threaten the person, creating stress and fear. Proving the testator was threatened or otherwise verbally abused can be difficult, unless there are witnesses involved, such as the person’s estate planning attorney.

3. Fraud or Forgery

A will created by fraudulent means is grounds for legal challenges, as is one that forges the testator’s signature. Witnesses play a vital role in legal contests, while video monitoring systems can also help. For example, if a home or hospital video shows a family member forging the testator’s signature after trying to coax the person, the resulting document is void.

4. Lack of Witnesses

For a will to be considered a viable legal document, there must be at least two adult witnesses at the time of the signing. Just like the testator, these individuals must be of sound mental capacity. Some people have their estate planning lawyers and family members present at the signing—if no witnesses are present, the will becomes subject to a legal investigation.

5. No Adherence to State Requirements

Each state has rules and regulations concerning the creation of wills. In Connecticut, for example, the testator must be at least 18 years old, of sound mind, and have at least two witnesses present. Connecticut also requires wills to be in writing. Failing to adhere to state guidelines makes the will invalid.
 

If you need estate planning assistance to ensure your will is valid, contact Green Law PC in Farmington, CT. Specializing in family law, this firm approaches each case with the same level of dedication and care. Call (860) 676-1336 today to schedule a consultation or visit them online for information about all areas of practice.