Many people question how to void a will that they believe does not accurately reflect the wishes of their departed loved one. It doesn't matter what you call it, challenging a will, disputing it, or voiding it; these all refer to the same thing: a court proceeding in which a beneficiary challenges a document that they believe is unfair.
Quite like other legal matters, it is natural for an average Joe to have little knowledge about the whole process of contesting a will. That is why it makes sense to let a professional Will Contest Attorneys who can help you in many ways.
Who has the right to challenge a will?
A lot depends on your specific situation. An heir (i.e., a child, spouse, parents, or other descendant) may be able to challenge a will if certain conditions are met – an attorney can explain it in detail for you. Also remember that there are times when it is possible to challenge the will of someone who isn't an heir, but was named a beneficiary in a former version.
How might a will be declared invalid under the law?
Will contest attorneys may aid you in asserting legal grounds to challenge a Will, ensuring that your arguments are presented in full to the judge and the court. Disputes over a will can be based on different reasons and an attorney can serve you will in each situation.
For instance:
Incapacity
The most typical reason for contesting a will is that the individual who made it has dementia, Alzheimer's disease, a stroke, or some other form of cognitive impairment. Capacity claims are commonly used to nullify a will. Because the individual was unable to comprehend what they were doing, the Will should be cancelled by the court.
Coercion Claims
The second most common reason for a Will dispute is the allegation of coercion or under influence. In essence, the term “undue influence” means that a person was forced into making a Will or gifting something to someone, and that they would not have done so if not for the pressure.
A spouse (sometimes a stepparent) can exert influence, as can a child (often a child-caregiver), another caregiver, or anybody else who has access to someone writing the will. Incapacity claims are commonly linked to coercion claims since the incapacity reduces the person's ability to make decisions on their own.
Trust Fraud
Because of the prevalence of altered or forged wills, there is a cottage business consisting of people who are specialists in the handwriting of wills. An experienced will contest attorney works with these specialists and assist you in determining whether or not your Will contains fraudulent information.
Conclusion
The process of contesting a will can be difficult, but doing so can help you correct errors in the will, such as if you were completely left out of it or if you were not granted what you consider to be your fair portion of the estate. You just cannot handle it all by yourself and that is why working with a will contest attorneys is in your best interest.
