Not all beneficiaries agree with the terms outlined in a loved one’s will. Under probate law, interested parties can challenge a will under specific circumstances. These include anyone with a right to property in the estate or a claim against it, such as children, heirs, spouses, and creditors. If you fall into one of these categories and want to contest a will, below are legitimate arguments courts will hear. 

What Are Valid Reasons to Challenge a Will? 

1. Fraud & Undue Influence

You might suspect a loved one was being manipulated when they created or revised their will. According to probate law, this is a legitimate concern to bring to the court’s attention. For example, if a testator changed their will based on false statements made by a beneficiary, this is considered fraud. If you can prove fraud, the court will invalidate all or portions of the will. You could also argue the person was subject to undue influence, meaning they didn’t have the free will to make their own decisions and were manipulated by someone else. 

2. A New Will 

When distributing the estate, the executor should use guidelines outlined in the most up-to-date version of the will. Older documents could include beneficiaries who were later disinherited or leave out people who do stand to inherit. Once the most recent version of the will is found, it will supersede the outdated one. The new will must be signed and dated by the testator more recently than the one currently on file. 

3. Unclear Provisions 

In some cases, the way provisions are outlined might leave the testator’s wishes open to interpretation. If it doesn’t contain specific elements, the document could be invalidated. This typically means it isn’t clear that the testator created the will or that an executor wasn’t appointed, making it unclear what assets go to which heirs.

To ensure your last will and testament is valid and will be upheld by the courts, contact Larry Cook, Attorney at Law in Cabot, AR. An area native, this will lawyer has been handling probate law matters for clients throughout central Arkansas since 1987. To schedule a consultation, call (501) 843-6591. Visit the lawyer online for details about the types of cases he handles and join his Facebook fan group for more information to expand your knowledge of probate law.