Challenges to a Will: What Can Lead to Contested Wills?

 People set up wills to ensure the orderly distribution of their assets after they are no longer capable or alive to allocate or divide their assets. However, even with the best intentions, wills can sometimes be contested. This is where wills and probate lawyers in Beaver County come into the big picture. When legal disputes and family conflicts arise, professional lawyers can help navigate the challenges that lead to contested wills. Wondering what the common reasons are why wills, are contested? Delve in to find out!

 

Lack of Testamentary Capacity

One of the primary reasons for will contests is the allegation that the testator (the person making the will) lacked the necessary mental capacity to understand the consequences of their actions. To create a legally valid will, the testator must generally be of sound mind and understand the nature of their assets and the beneficiaries they are designating. Challenges can arise when a testator creates a will under the influence of drugs or alcohol, or they have dementia or mental illness, and Beaver County lawyers can help you with that.

 

Undue Influence

Undue influence occurs when someone exerts pressure over the testator or manipulates them to change their will to favor the influencer. This is a common challenge when a beneficiary or a caregiver has significant control or influence over the testator. Contestants may argue that the testator's true intentions were overridden by the influencer's desires, rendering the will invalid.

 

Lack of Proper Formalities

Wills must meet specific legal formalities to be considered valid. These include having witnesses present during the signing of the will and ensuring that the testator's signature is genuine. Contestants may challenge a will if they suspect these formalities were not adhered to, casting doubt on the document's authenticity.

 

Ambiguity or Poor Drafting

A will should be drafted with clarity and precision by professional Allegheny County attorneys to avoid any confusion regarding the testator's wishes. Ambiguities or vague language can lead to disputes among beneficiaries. Contestants may argue that the testator's intentions are unclear, necessitating a legal intervention to interpret the will.

 

Changes in Circumstances

Life is constantly evolving, and what may have been appropriate in a will at one point may not reflect current circumstances. Major life events such as marriage, divorce, births, deaths, or significant changes in assets can lead to disputes if the will is not updated to reflect these changes. Contestants may argue that the outdated will does not accurately represent the testator's wishes at the time of their passing.

 

Disinheritance and Family Dynamics

When a testator chooses to disinherit a family member or distribute assets unequally among beneficiaries, it can trigger disputes. Family members who feel unfairly excluded or disadvantaged may contest the will, alleging that the testator was unduly influenced or lacked capacity when making such decisions.

 

Fraudulent Activities

In some cases, contestants may claim that the will itself is fraudulent. This can involve the forgery of the testator's signature, the creation of a fake will, or other deceptive practices. Although detecting and proving the fraud can be intricate, it is a massive challenge to a will's validity.

 

Searching for professional will and probate lawyers to help you navigate these challenges? Well, whether you are searching for lawyers who can help you with a will or Allegheny County criminal lawyers, feel free to reach out to the experts at the Law Offices of Max C. Feldman today!

 

The information provided does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only.