In most cases, contesting a will can prove to be an uphill battle. Your attorney is tasked with providing legal grounds for contesting the will. While this process may take months—or even years, depending on the grounds—it’s best not to get discouraged from challenging a will if you know that you have a valid reason to do so. Here is what you should know if you’re seeking to invalidate a will.

Legal Reasons for Challenging a Will

1. Fraudulence

If you believe that a will has been procured by fraud, or that forgery has taken place, then you have a strong basis for contesting the will. Often, lack of testamentary capacity and undue influence claims also accompany fraud cases. For example, a testator who receives a document they believe is a dee, but it’s a will, and they sign it, it’s still considered fraud. The will should be invalidated because the testator was tricked into signing it, thinking it was a different document. In the same way, a will would become void if you can prove that the signature on it was forged. 

2. Lack of Testamentary Capacity

For a will to be valid, an adult should have been of sound mind when signing it. This means the testator should have understood the legal effect that comes with signing. The usual basis for challenging testamentary capacity is dementia, senility, or substance influence. Typically, if you want to contest a will based on these reasons, you must prove that the testator wasn’t aware of the consequences of signing the will. Testimonies from witnesses who saw the condition of the testator near the time of the signing can also have a significant bearing on the case.

3. Undue Influence

Sometimes, the testator is too weak mentally or physically to resist pressure or influence from others. You can make undue influence claims if you can show that the testator was placed under severe duress, lost free will, and was coerced to sign. This is normally done with the help of the testator’s attorney who can attest to the will’s provision, and that the will-maker was isolated from family and friends.
 

If you believe you have strong legal grounds to contest a will, get expert legal counsel from an attorney at Zebley, Mehalov & White, P.C. in Uniontown, PA. This esteemed law firm offers dedicated and experienced legal representation in cases involving will and estates, family law, disability law, and social security law. They provide effective services to clients in Fayette, Washington, Greene, and Westmoreland counties. Call them today at (724) 439-9200 for a free consultation with an attorney or visit their website to browse their practice areas.