Understanding how wills and probate work is key for ensuring your estate is administered according to your final wishes. Once someone passes away, their will must go through probate to be validated and enforced. Unfortunately, conflict often arises among family members in the wake of a loved one’s death, which can result in a will contest. This is the process of challenging a will’s authenticity in probate court. To avoid legal problems with the distribution of your assets, it helps to familiarize yourself with some of the most common reasons for disputing a will.  

Why Wills Are Contested

1. Invalid Execution

Every state has certain criteria that must be met for creating a legally valid will. In Iowa, wills must be in writing, signed by the person drafting the will, declared by the person making the document to be their will, and signed by two competent witnesses in the presence of one another.

Failure to comply with any of these wills and probate requirements can provide grounds to render the document invalid.

2. Lack of Mental Capacity

For a will to be effective, it must be drafted by someone who is of sound mind. This means they possess sufficient mental capacity to understand the nature and extent of their assets, the purpose of a will, how their property is being distributed, and their relationship to the beneficiaries.

If there’s evidence the decedent lacked mental capacity when executing their will, the document may be challenged.

3. Suspicion of Undue Influence

In some cases, a family member may suspect that another individual used undue influence to persuade the decedent into writing the will or including specific provisions they would benefit from.

Wills and probate law recognizes this as justified grounds for challenging a will if it can be proven that someone abused the decedent’s trust and coerced them into adding content they wouldn’t have otherwise added if exercising their own judgment.

By working with an experienced wills and probate attorney from Cronin Skilton & Skilton, P.L.L.C., you’ll minimize the chances of your will being contested. They’ll guide you through the process of writing and executing a legally binding document that stands up in court. This Iowa law firm is dedicated to helping clients properly plan for the future so they can have peace of mind their wishes will be carried out as intended after they’re gone. Call (641) 228-3318 to schedule a consultation in Charles City or (641) 435-2462 to speak with a professional in the Nashua office. You can also visit them online for more information on the services they provide.