If you are the beneficiary of an estate, hopefully, the probate process goes smoothly and you receive your fair share of the deceased's assets. But what happens if you do not believe you are getting your fair share of the estate and want to challenge the will's provisions? The law only allows you to challenge a will for specific reasons. This article takes a look at three of the most common reasons for contesting a will.
Fraud
Fraud is grounds for contesting a will, as long as you are someone directly affected by the will, such as an heir. Examples of fraud include such things as forging a signature or signatures or someone misleading the maker of the will, known as the testator, about what the will actually does.
A key point to keep in mind is that to prove fraud you must show that someone was intending to deceive others rather than simply making a mistake.
Undue Influence
A legal concept that is somewhat related to fraud is undue influence. This refers to someone close to the testator who is able to manipulate the testator to make provisions in the will they would not make otherwise. This can sometimes occur when a person is not in full control of their mental faculties and a second party convinces the testator to grant them excessive benefits in the will.
For example, if a testator has declining mental faculties and makes a will that leaves out family members and gives the entire estate to a caregiver, the family might reasonably suspect that undue influence occurred in this instance.
Proving undue influence is rarely easy. You will need the assistance of an experienced estate litigation attorney to assist you.
Improper Execution
All states have laws pertaining to the formalities of how a will is executed. For instance, the testator must sign the will in the presence of a witness or witnesses. Also, depending on state law, a will might be contested because it was not notarized or one of the witness's signatures was not valid because they were a minor at the time they signed the document.
An important point to note is that when a will is filed with the probate court, the court will hold a "proof of will " hearing to judge whether the will is valid. This could be your only chance to raise an objection to the will based on improper execution, depending on the relevant state laws.
To learn more about contesting a will, consult an estate litigation lawyer near you.
