A will is considered the voice of the individual who passed away, and the instructions it have the force of a court order. In most cases, family members who are unhappy with the choices their loved one made have to accept them; however, probate law does allow legal challenges in some situations. Here are a few of the most common reasons for challenging a deceased’s will.

4 Reasons to Challenge a Will

1. An Updated Will Exists

If the will executor is basing their decisions on outdated instructions, family members can submit the newer document to the court. As long as it’s legally valid, an updated will takes precedence, even if the estate has already begun passing through probate.

2. The Capacity of the Testator

Probate law assumes that adults are competent to make their own estate planning decisions, so challenging a will based on mental capacity is extremely difficult. You must show that the individual experienced a mental health issue that made it impossible for them to understand the consequences of the decisions they made.

3. Failure to Meet Legal Requirements

Every state has legal formalities that must be followed to make a will valid. In Hawaii, the document must be signed by the testator or someone else at their direction as well as two witnesses. If these requirements aren’t met, the entire will may be invalidated.

4. Fraud or Undue Influence

If someone made untrue statements to the testator to convince them to adjust their estate plan, you could pursue a challenge based on fraud. Undue influence occurs when someone takes advantage of an individual’s mental state and convinces them to make changes to their will.

If you’re involved in a dispute over a loved one’s will, the Law Office of Dawn N. Murata LLLC, has the probate law experience and resources to help you achieve the best possible outcome. They’ve been helping families throughout Oahu for over 20 years and are committed to providing practical, cost-effective solutions in a wide range of situations. Learn more about their services online, or call their Lihue, Hawaii, office at (808) 245-4572 to schedule a consultation with this probate law attorney.