One aspect of estate planning is drafting a will that allows you to determine who receives your assets. This can become a complicated issue because some mistakes may compromise the integrity of the will. By outlining the common reasons wills are contested, this overview can help you draft a stronger document that stands the test of time.

Common Instances When Wills Are Contested

1. Lack of Testamentary Capacity

In probate law, testamentary capacity means that an individual was mentally incompetent at the time the will was drafted and, therefore, could not understand the value or nature of their assets. This is very difficult to prove upon the individual’s death.

Unless a physician declared them mentally incompetent within a short time of drafting the will, there is no way to prove that their mental state was compromised. A witness to the signing of the will may also testify; however, unless they are a trained physician, their opinion may not carry much weight.

2. Coercion

As people age, they become more fragile, both mentally and physically, so it becomes easier for others to influence or coerce them. A caregiver or a family member may use deception or intimidation to compel them to change their will.

Proving that this has occurred requires more than just establishing that the individual was bullied. You must show that the influencer paid the estate planning attorney’s fees, kept the individual separated from other family members and friends, or discussed the terms of the will with the attorney.

3. Fraud

The most common way that fraud is committed in estate planning is by tricking an individual into signing a will. This involves drafting a will that leaves the individual’s assets to the person committing the fraud and telling the individual that they are signing a different type of document.

It is almost impossible to prove fraud after the fact because the individual is no longer available to testify as to what they thought they were signing. Proving this type of fraud often relies on a witness to the signing of the will testifying as to what they thought the individual was signing.

4. Legality of the Will

The legality of the will may be grounds for contesting the document, which is why it is wise to work with a family lawyer experienced in drafting wills. Some states require that the signing of the will be witnessed by two individuals, while others require three. Many states also stipulate that the witnesses cannot be beneficiaries. If the drafting or signing of the will violates the state’s laws, the document may be successfully contested.

Work with an estate planning attorney to help you avoid the pitfalls mentioned here. LaRowe Gerlach Taggart LLP is located in Reedsburg, WI, and their attorneys have more than 35 years of experience in drafting wills and other legal documents. To schedule a consultation, call (608) 524-8231. Explore their practice areas online.