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Grounds For Contesting A Will And Role Of A Will Contest Lawyer

Grounds For Contesting A Will And Role Of A Will Contest Lawyer

Most people are now opting to create a will to avoid any legal hassles in property distribution after their demise. Will is a legal document that has a mention of all the assets of the person; it also has the names of the individuals amongst whom the assets will be distributed. 

While creating a will, two witnesses are mandatory. They will also identify the person who will act as executor to manage the process of transfer of an asset to the beneficiaries. A good lawyer will ensure that there are no drawbacks to avoid probate. However, there is certain ground on which one can contest a will. 

But, as a layman, you might not be well-versed about the grounds on which you can contest a will; however, with a will contest lawyer, you can certainly make the best move forward. So, here we will be highlighting a few points on which you can contest a will, but again, we advise seeking the legal assistance from a will contest lawyer.

Let’s Get Started:

The Will Signing Was Not In Adherence To The Applicable State Laws

Before you go into preparing a will or contesting it, you must know that every state has a law governing the signing of the will and testament. For example, there must be two witnesses present when the will is signed by the testator – the person who is creating the will and the one who is creating the will. 

  • Both the testator and the witness must be present in the same room, and each of the witnesses must sign the will while others are witnessing the same. Although the will is signed in an estate lawyer’s office while adhering to all the State Laws, there are cases when such requirements are not met, and in such a case, the will is invalid. One can contest the will on this ground. 

The Testator Didn’t Have The Testamentary Capacity To Sign The Will

In simple words, testamentary capacity means the testator has an understanding of the value of assets and also knows who should be logically inheriting the asset. 

A will contest lawyer will be able to help you know whether the testator was in the capacity to sign the will or not. State law says that one can contest the will if the person is able to prove that a testator lacked the testator capacity. For example, if you are able to show that the person has signs of dementia.

The Testator Is Influenced

As the person ages, they tend to become weak, and memory loss is very common in old age. The lawyer will know whether the testator was influenced by anyone to create or sign the will.

Procuring The Will By Fraud

Often people procure the will by fraud and it is one of the ways that the lawyer is tricked into signing the will. For example, the testator is made to sign a will stating it’s a power of attorney. Only a will contest lawyer will be able to unfold why the testator signed the will and what he/she was thinking while signing the will. 

What’s Next?

These were a few of the grounds that will give you a stand to contest the will. However, there are other conditions that can give you the authority to contest the will, and only a will contest lawyer would be able to help you with the same. Make sure that you find the best will estate lawyer to help you find the grounds on which you can contest the will. 

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