When someone dies they often leave a will so that their assets can be divided up amongst their family and friends. Usually, there is nothing contentious about these wills and people are able to share up the assets without having a problem.
However, problems will occasionally develop which can lead to contesting a will. This needs to be handled by a professional. Why can you contest a will and how do you go about that?
If The Will Was Made Under Duress
The will needs to be made without undue influence from other people. If people believe that the will was changed because of threats of harm or violence from friends or family members then these are grounds for the will to be challenged.
If The Person Making The Will Did Not Have Enough Mental Capacity
The will needs to be drawn up by someone when they are in a sound frame of mind. Family members and friends can challenge the will if they believe that the person did not have the mental capacity to divide up all of their assets in order for them to be left behind for other people.
If The Person Signing The Will Was Tricked
A fraudulent will can be challenged. If people suspect that the testator was tricked into signing the will that is a common cause for contesting a will. Sometimes people are presented with a document they are told is a power of attorney document when it is actually a will. This is deception.
If The Will Was Not Signed By The Testator
The will needs to be signed by the person that has written it. Then it becomes a legally binding document that has to be acted upon. If there is no signature anywhere on the document, then it is not legally binding and a challenge can be made.
If The Will Was Forged
Sometimes people will create a fake will that they have signed with a copy of the testator’s signature. This forgery is not a legal document and it can be challenged by other people. The will needs to have been created by the person who is leaving their assets, and the signature has to be genuine.
Contesting a will is not a situation that anyone wants to be in, but it is helpful to know what to do in this situation. The challenge to the will needs to be made as soon as possible so that the proper legal proceedings can begin. An experienced lawyer needs to be contacted so that the will can be contested in the proper manner. The lawyer will be able to explain the process fully so that you feel confident that you will be able to win your case. Once the will has been successfully challenged, the next step is to work out how the assets can be divided legally without any more issues.