Losing a loved one is not always an easy moment. Things can be even more difficult if you are deliberately or accidentally cut out of a will. If you suspect that the will does not reflect the deceased's wishes, or you don't like its terms, you can file a dispute. However, the process can be expensive and lengthy. You need help from a disputed wills attorney.
Here are three occasions when you can contest a will:
If the Will Wasn't Signed as Specified by the Law
There are specific laws that govern the signing of a last will and testament. In some states, the testator (the person who created the will) must sign it in the presence of at least two witnesses. The witnesses and the testator must be in the same room during the signing of the will. More significantly, each must sign the will while the others watch.
If you have evidence that the testator didn't follow any of these legal formalities, you should contact a disputed wills attorney. They can gather relevant evidence to show that all parties failed to sign the will as per the applicable laws in your area. In other words, they will help you contest the will and prove its invalidity.
If the Testator Was Overly Influenced
As people age, they become mentally and physically weaker. As a result, other people can easily influence their decisions and wishes. If you have evidence that your deceased loved one was unduly influenced when they created the will, you can contest it.
However, you need a will dispute attorney to file a successful case. A qualified legal professional can help show how someone else exerted extreme pressure, denying the testator their right to free will. Remember that specific actions, such as verbal abuse and threats, aren't enough to prove undue influence. You need more specific evidence that the testator succumbed to the influencer's will.
If the Testator Didn't Have Testamentary Capacity
If one has testamentary capacity, they understand the value and nature of their assets. They also understand those who will logically inherit these assets. Simply put, they are not mentally incapacitated and fully understand the legal implications of the will.
If you're strongly convinced that the testator lacked testamentary capacity when they created the will, you can hire a disputed wills attorney to help you challenge it. Their role is to prove that the testator didn't understand the necessary details of the will when they signed it.
A good lawyer can gather previous medical reports to show that the testator had dementia or any other form of mental unsoundness that made them unable to remember family members.
In case of any of these three situations, you can legally dispute a written will. However, proving that a will is invalid can be complicated. You need legal help from a disputed wills attorney. For more information about contesting wills, contact a local lawyer.Share