You can’t question or dispute a will merely because you really do not like the terms. There are four general explanations for a will contest in most jurisdictions, and it can be very hard to prove all of them. This translates into a considerable amount of cost in many cases, from lawyers’ fees and expert fees to court fees. But if one of these basic grounds for a contest does occur, the final will and testament could be nullified.
It’s not just a matter of voiding one clause. The entire will is simply tossed out, and the estate continues as if the deceased had never left a will.
Will was not certified in compliance with the relevant laws of the State
Every state has very clear laws about how the final will and testament must be executed. For instance, the testator—the person who produced and leaves the will—must sign the will in the presence and hearing of at least 2 witnesses. The testator and the witnesses should be in the same place at the same time, and each must sign the will while the others are observing.
It is convenient to believe that a will that is executed in the office of the estate lawyer will be signed with the correct legal formalities, but this is not always the case. Failure to sign a will in compliance with the laws of the State in effect is the first reason why a will is disputed. It is also the most common reasons for disputing a will.
The Testator lacked the capacity of the Testamentary to sign a will
“Testamentary capacity” implies that the testator recognizes the essence and importance of his “wealth” or properties, and that he recognizes the natural objects of that wealth can logically inherit its assets. It must consider the legal impact of the signing of a will.
State legislation dictates the threshold to be overcome in order to show that the testator lacks testamentary power, except that the bar is not typically set very high. For instance, a person may display signs of dementia in some states but is still deemed to have the testamentary capacity to sign a will
She knows the essential details, even though her mind and memory are failing in other places. In situations such as this, the testimony of the witnesses to the signing of the will appears important. Absent the visit of a doctor or the decision of incapacity within days of the signing, the lack of testamentary potential is very tough to prove.
The Testator Was Unduly Influenced
People begin to get unstable both physically and psychologically as they age, and this can make them more vulnerable to the power of others. The key to excessive control in the sense of a will contest is this: did the supposed influencer impose such intense pressure and put the testator under this kind of serious pressure that it caused him to surrender his free will and to instead yield to the will of the influencer?
Will has been Obtained by Fraud
A testament of fraud is something that the testator has been fooled into signing. For instance, the testator might be confronted with paperwork that states it is an act or a power of attorney. Consequently, she signs it, but it turns out that the file is a will. Thus the, the will is obtained through deceit.