Even though a will is a public document, few people look into a loved one’s will until after the individual dies. This can lead to some surprising revelations that may lead to family members wanting to hire a probate attorney to contest the will. While it takes more than merely being disappointed with a will to contest the contents of the document, here are several legitimate reasons to dispute a loved one’s will.

When to Ask Your Probate Attorney to Contest a Will

1. You Suspect Undue Influence

You must ask your probate attorney to file a petition in court, so you can show the reasons you suspect undue influence. In order to prove your assertion, you must show that assets were left to beneficiaries other than close family members and that the person making the will provided no explanation for this decision. You must also be able to show who unduly influenced the individual and that the person exerting the influence benefited in some way.

2. The Will Wasn’t Properly Signed

Each state has its own laws regarding how a will must be signed and how many people must witness the signing. If there aren’t enough witness signatures, or if you suspect the witnesses weren’t present at the time and place of the will signing, you may have grounds to ask your attorney to contest the will. If the witnesses weren’t present and only signed the document after the fact, the will may have been forged, or the maker of the will may have signed the document under duress.

3. The Will-Maker Was Mentally Incapacitated 

Among other reasons, estate planning should be carried out at an early age because people tend to experience cognitive decline as they grow older. Some people suffer from dementia and other more severe mental illnesses that inhibit their ability to understand their financial situation and make sound decisions about distributing their assets. If your lawyer can show that your loved one was mentally incapacitated when the will was drafted, you may have grounds to contest its contents.

4. The Will Doesn’t Meet Legal Requirements

Each state has different laws regarding how assets must be distributed among close family members. For example, Connecticut laws require that any married person leaves one-third of their estate to their spouse. If the will doesn’t meet this standard, that person’s spouse and their lawyer may be able to successfully contest the validity of the document. There may be other technical errors in the will that make it necessary to contest the document.

When a loved one dies, feelings of loss and grief can prevent you from thinking rationally and looking out for your own best interests. When you hire Steven P. Ciardiello, Esq., P.C. and his team, you can trust that a skilled probate attorney will review the will on your behalf. They serve clients in Hamden, CT, and the surrounding area. To learn more about the firm’s areas of practice, visit their website. To schedule an initial consultation, call (203) 248-8000.