While most wills are executed without issues, there are times when someone close to the deceased believes the document is not valid or fair. Coquitlam, BC challenging a will is a serious legal step that typically happens during probate and often stems from concerns about how the will was created or what it contains. HS Law Corporation, HS Law knows the ins and outs of writing wills, as our legal team has experience in many different types of law. It is crucial to have an attorney on your side if you are contesting a will. Continue reading to learn about some of the most common reasons a will might be contested.
Lack Of Testamentary Capacity
One of the leading reasons Coquitlam challenging a will occurs is based on the belief that the person who made it lacked the mental capacity to do so. To be considered valid, the person must have understood the nature of making a will, the extent of their assets, and who their beneficiaries are. If someone was suffering from dementia, Alzheimer’s disease, or another mental condition, this could be grounds to dispute the will’s validity.
Undue Influence
Undue influence occurs when someone close to the deceased pressures or manipulates them into changing their will in a way that benefits the influencer. This often involves caregivers, new acquaintances, or even family members who isolate the person and use guilt, fear, or threats to control their decisions. If a will seems drastically different from previous versions or disproportionately favors one individual, undue influence may be suspected. This could cause a problem with the beneficiary, causing a dispute.
Fraud Or Forgery
Fraud involves tricking someone into signing a will under false pretenses, while forgery means the will wasn’t written or signed by the person at all. These claims can be difficult to prove but are taken seriously. Experts might examine handwriting, signature authenticity, or witness testimonies to determine if fraud played a role in the creation of the will. A person may challenge a will if they feel that it is not authentic.
Improper Execution
Every state has specific rules about how a will must be signed and witnessed. If those formalities weren’t followed—such as not having the correct number of witnesses or failing to sign in the presence of those witnesses—the will can be considered invalid. Even a simple mistake in the execution process can lead to a challenge.
The Existence Of A Newer Will
Sometimes a newer will is discovered that contradicts or revokes the one being submitted to probate. If the newer will meets all legal requirements, it usually overrides any previous documents. Challenging the older will may simply involve proving the authenticity and validity of the newer one.
Exclusion Of Heirs Without Explanation
Coquitlam challenging a will can happen easily if someone believes that there is some kind of issue with the will. When a close family member is left out of the will unexpectedly, it can raise red flags. While a person is not obligated to leave assets to anyone, an unexplained disinheritance—especially of a child or spouse—can lead to legal action. Courts will closely examine the circumstances to determine whether the will reflects the person’s true intentions.
If you’re considering contesting a will, it’s essential to consult with an experienced attorney who can help evaluate the evidence and guide you through the legal process. HS Law Corporation, HS Law has all different experiences in wills and digging deeper into possible fraud. You need a lawyer on your side to ensure you are able to do the correct investigating and get compensated if something occurred and you did not get a benefit that you should have. Disputing a will is emotionally and legally complex, but in some cases, it may be necessary to protect your rights or honor the true wishes of your loved one.
