If a will lacks legal standing, it can be undoubtedly contested following the federal laws of a state. A will can only be considered to be valid if it is in writing and has the signature of a testator with the presence of at least two witnesses. Additionally, it also needs o be attested. Mere registration of a will doesn’t include it under legal security or remove the possibility of suspicion. Challenging a will would be a sound decision if the will personally affect someone. But several considerations must be considered in moving forward with the contest. These include determining an adequate ground, considering all the varied financial aspects, total cost, and time that might be involved, among many other miscellaneous considerations. Schedule your consultation with an experienced attorney to secure the best guidance on contesting a will.
Included below are some common grounds on which one can challenge a will:
Inappropriate Due Execution:
One can legally challenge a will if vital components made essential by federal law are missing, including the requirement of being a written document and the signature of the testator in front of two witnesses. In case any update is made in the will, the date must also be updated. The last will would be declared null and void with the new will.
Absence Of Adequate Knowledge Or Approval:
The testator needs to secure a detailed understanding of the content included in the will. However, if it has been proved in front of a court of law that the testator developed a vague understanding of the content while signing it, then one can assume it to be a ground for contesting the will.
Shortage In Testamentary Capacity:
One can entertain an adequate testamentary capacity if one is above 18 years of age. A person making a will who has not yet crossed 18 years of age would carry no legal importance.
Therefore if a person can prove inadequate testamentary capacity, one can undoubtedly challenge a will. Additionally, lacking mental capacity can also be considered. If the testator lacks a sound mental state or has been under some influence, it can form grounds for a will contest.
Undue Influence:
If a person is able to prove that the testator has done the signature under the pressure of a third party, then the will can be contested.
Final Thoughts:
But before deciding to contest a will, one must consult with an attorney about all the financial and legal implications it might impose and an estimated time within which the solution can be expected.