Wills allow individuals to outline how they want their assets distributed, such as leaving real estate to immediate or extended family. While wills are generally considered binding legal documents, there are instances when family members or other beneficiaries contest them. Learn about the most common reasons for contesting a will below in case you need to speak with an attorney.

5 Typical Reasons Why a Will Gets Contested

1. Undue Influence

Sometimes a will is made because potential beneficiaries threaten, coerce, or otherwise put pressure on the testator. Will-related manipulation often occurs when the testator is older, has a physical disability, or a health issue such as an illness or chronic condition. Proving the testator signed the will because of manipulation or pressure requires evidence such as the individual’s reduced mental capacity or isolation from loved ones.

2. No Adherence to State Laws

For a will to be considered valid in probate court, it needs to follow state guidelines. In Arkansas, for example, the document must be signed in the presence of two non-beneficiary witnesses. These individuals must also sign the document. If the will has already been signed, the signature can be shown to the witnesses who then validate it with their signatures.

3. Fraud

A fraudulent will that includes the forged signature of the testator does not hold up in probate court and typically includes legal consequences. It is also possible for a fraudulent will to feature the testator’s signature; however, the person did not know what they were signing. For example, a family member who tells the testator they are signing a medical document is grounds for fraud charges.

4. Outdated Version

Sometimes an older version of a will appears in probate court without the attorney’s knowledge. If an updated version exists that adheres to state guidelines, the old will gets thrown out. The date of the new document provides sufficient evidence; however, it is always best to destroy older wills to prevent probate problems.

5. Testator Issues

The testator needs to be of sound mind to create a will, otherwise, it is invalid. The individual must understand what assets they are bequeathing to beneficiaries, as well as who the beneficiaries are and why they will receive the properties, monies, or other estates.

Testators with cognitive issues such as dementia and Alzheimer’s often lack the ability to create a will. If a family member can prove the testator did not know what assets they had and who to give them to, they can contest the document. 

Create a legal, binding will with assistance from Darryl L. Jones, Attorney at Law. The attorney specializes in wills and probate, helping you distribute your assets appropriately and making sure your wishes are carried out after you pass. They have served Anchorage, AK, and the Matanuska-Susitna Valley since 1988. Call (907) 746-9851 today to schedule a consultation or learn more about probate services online.