3 Situations in Which a Will Can Be Challenged
A will is a crucial part of estate planning, and in most circumstances, it is viewed as a legitimate guide for how the deceased wished for their assets to be distributed. However, there are circumstances in which a will can be challenged. These very specific estate planning issues are important for both the person writing the will and their beneficiaries to understand.
When Can a Will Be Challenged?
1. Fraud & Undue Influence
Fraud and undue influence are serious concerns that would invalidate a will. Fraud occurs when the deceased was tricked into signing a will—usually when they thought it was another document. Undue influence is when someone was coerced into signing a will. These circumstances rely on the evaluation of the will’s provisions, witness statements, and investigation into the events prior to the will being signed.
2. Lack of Testamentary Capacity
Testamentary capacity requires that the testator fully understands the legally binding nature of a will, as well as the nature of their assets and who should inherit. Witness or doctor statements from the time the will was signed are usually needed to prove a lack of testamentary capacity. A lack of testamentary capacity is sometimes used as evidence in relation to cases of fraud or undue influence.
3. Not Meeting State Requirements
Estate planning requirements can vary from state to state, and if a will was not completed in accordance with local laws, it can be invalidated. For example, the number of witnesses can vary, and some states do not allow inheritors to serve as a witness. Some states also have requirements regarding what information should be included in the will, such as substantive clauses or appointing an executor.
For matters ranging from estate planning to civil litigation, you can trust the team at PoindexterHill, P.C. in Waynesboro, VA. Serving the Shenandoah Valley area since 1976, their lawyers always put their clients first. To learn more about their practice areas, visit them online or call (540) 943-1118 to schedule a consultation.
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