Disagreements about a will’s validity can occur after a loved one dies. Contesting a will is not something most of us ever plan to do, but it can become necessary if we believe the will does not truly reflect the wishes of the person who died. As a law firm dedicated to helping families through estate matters, we know how important it is to recognize when a will may be legally challenged. At HS Law Corporation, we provide services tailored to both probate litigation and estate administration, allowing us to offer comprehensive support when conflicts over a will occur. Our team is equipped to handle disputes with care, from initial consultations to courtroom representation, helping clients protect their rights and honor their loved ones’ intentions. For anyone facing this situation, it can be helpful to understand the most common grounds that can lead to contesting a will, especially if you are looking for a Coquitlam, BC challenging a will lawyer.
Lack Of Testamentary Capacity
One of the most common reasons to contest a will is lack of testamentary capacity. This refers to the mental ability of the person making the will to understand what they own, who they want to leave it to, and the consequences of creating the document. If someone lacked capacity due to illness, cognitive decline, or other impairments at the time they signed the will, it can be a valid reason to challenge it.
Undue Influence
A will may be contested if it appears someone pressured or manipulated the person making it into including certain provisions. Undue influence often involves situations where a caregiver, relative, or friend exerts control over someone who is vulnerable. This can lead to gifts or inheritances that seem suspicious or out of character based on the person’s previous intentions.
Improper Execution
Each province has strict rules for how a will must be signed and witnessed. If a will was not properly executed according to the legal requirements, it can be declared invalid. Improper execution might include missing signatures, lack of witnesses, or not following the correct order of signing, all of which can undermine the legitimacy of the document.
Fraud Or Forgery
Fraud or forgery is another serious ground for contesting a will. This could occur if someone falsifies a signature, alters a document without authorization, or uses deceit to get the will-maker to sign. If there is evidence that a will is the result of fraud or that key parts of it were forged, it can be challenged in court.
Revocation By A Later Will
A will may be challenged if a more recent version is found that cancels the earlier one. A valid, later-dated will can cancel the terms of an earlier will, but disputes can happen when multiple documents are discovered or when the authenticity of the latest will is questioned. Establishing which document is the true final will of the deceased is crucial in these cases.
Conclusion Steps For Families Facing A Contested Will
Challenging a will can be difficult and emotional, but understanding the common reasons for contesting helps us evaluate the situation and safeguard our loved ones’ intentions. We understand how difficult it can be when disagreements arise during an already challenging time, which is why we work closely with our clients to provide guidance on every step of the process. Our team at HS Law Corporation, HS Law is ready to support you with clear advice and dedicated representation if you need assistance with Coquitlam, BC challenging a will matters. Reach out today to learn how we can help you move forward with confidence.
