Contesting a will is often an emotionally charged and complex process, typically undertaken by individuals who feel that the distribution of assets is unfair or legally questionable.
There are several legal grounds on which a will can be contested, each of which can profoundly impact the final outcome of the estate distribution.
This article explores the most common reasons for contesting a will, providing insight into why beneficiaries or other interested parties may choose to take legal action.
1. Lack of Testamentary Capacity
One of the most frequent reasons for contesting a will is a claim that the person who made the will (the testator) lacked the mental capacity to do so.
Testamentary capacity refers to the ability of the testator to understand the implications of their actions when creating or amending their will.
This includes understanding the nature and extent of their estate, identifying their beneficiaries, and comprehending how their assets will be distributed.
If there is evidence to suggest that the testator was suffering from a mental illness such as dementia, Alzheimer’s, or another condition that impaired their judgment, a will could be contested on the grounds of lack of testamentary capacity.
Medical records and expert testimony are often used to support these claims, making it crucial to gather all relevant information when challenging a will for this reason.
2. Undue Influence
Another common reason for contesting a will is undue influence. This occurs when someone exerts excessive pressure on the testator to change their will in their favor.
Typically, the influencer may be a close family member, caregiver, or friend who is in a position of trust and uses that trust to manipulate the testator’s decisions.
Proving undue influence can be challenging, as it requires demonstrating that the testator’s free will was compromised and that they were coerced into making decisions they would not have made otherwise.
However, patterns of isolation, dependency, or sudden and significant changes to the will’s beneficiaries can indicate the presence of undue influence, making it a valid ground for contesting a will.
3. Fraud or Forgery
Fraud or forgery can also be grounds for challenging a will. Fraud occurs when the testator is tricked into signing a document that they believe is something other than their will or when they are deceived about the content of the will.
For instance, someone may present the testator with false information about one of the beneficiaries, leading them to change the will.
Forgery, on the other hand, involves falsifying the testator’s signature or altering the will without their knowledge.
Both fraud and forgery are serious offenses and can result in the invalidation of the will.
Contesting a will on these grounds usually requires substantial evidence, such as handwriting analysis or witness testimony, to prove that the will does not reflect the true intentions of the testator.
4. Failure to Meet Legal Formalities
Wills must comply with specific legal requirements to be considered valid. In most jurisdictions, these requirements include that the will is in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries.
Failure to meet these legal formalities can lead to a will being contested.
For example, if the testator’s signature is missing, or if the will was not properly witnessed, it may be deemed invalid.
Similarly, if there is any suspicion that the will was signed under duress or in the absence of required witnesses, contesting the will based on a failure to meet legal formalities could be successful.
It’s crucial to review the laws of the jurisdiction where the will was created to ensure compliance with these legal standards.
5. Family Provision Claims
Family members who believe they have been unfairly excluded or inadequately provided for in a will may challenge it through what is known as a family provision claim.
In many countries, certain individuals, such as spouses, children, and sometimes even de facto partners or dependents, are entitled to receive a portion of the deceased’s estate, regardless of the testator’s wishes.
A family provision claim allows eligible persons to request a larger share of the estate if they can demonstrate financial need or that the testator did not make adequate provision for them.
These claims are especially common when the deceased has left their estate to non-family members or charities, leaving family members with little to no inheritance.
Courts will consider various factors, including the relationship between the claimant and the deceased, the size of the estate, and the claimant’s financial circumstances when deciding the case.
6. Ambiguity in the Will
Ambiguous language or unclear provisions in a will can lead to disputes among beneficiaries and may serve as grounds for contesting the will.
For example, if a will is poorly drafted and certain terms or clauses are open to interpretation, beneficiaries may disagree on how the estate should be distributed.
These ambiguities can create confusion and, in some cases, lead to costly legal battles.
In such cases, the court may be asked to interpret the testator’s intent or clarify the terms of the will.
However, if the ambiguity is severe, beneficiaries may argue that the will is invalid because it fails to express the testator’s wishes clearly.
To avoid disputes arising from ambiguous language, it’s advisable for individuals creating a will to seek professional legal assistance during the drafting process.
7. Multiple Wills
When multiple wills are discovered, it can lead to significant confusion and disputes about which document reflects the testator’s true wishes.
Contesting a will based on the existence of multiple wills usually involves determining whether the most recent will is valid and whether previous versions were properly revoked.
If an earlier will was not properly revoked or there is evidence that the most recent will was made under duress or without testamentary capacity, a court may decide to uphold a previous version of the will.
In cases involving multiple wills, it’s essential to have clear documentation of the testator’s intentions and the legal steps taken to revoke any prior wills.
Conclusion
Contesting a will can be a complex and emotionally challenging process.
Understanding the common reasons for doing so—lack of testamentary capacity, undue influence, fraud or forgery, failure to meet legal formalities, family provision claims, ambiguity in the will, and multiple wills—can help individuals determine whether they have valid grounds to challenge a will.
If you believe you have a legitimate reason to contest a will, seeking legal advice is crucial to ensure that your rights are protected and that you navigate the process effectively.
