If you have a loved one who has passed away, then something you may be interested in doing is contesting a will. If you believe that your loved one was manipulated or not in their right mind when they last updated their will, then you may have a case for contesting it.
It needs to be said that you can’t contest a will just because you feel like it; there has to be a good reason for doing so. Some of the common grounds for contesting a will include:
- Having an incorrect signature or no signature at all
- Being concerned or knowing that the testator was manipulated into changing the will
- The testator did not have the testamentary capacity to sign a will
- The will is fraudulent
One of the most common arguments is that the testator was manipulated or did not have the capacity to sign the will. For example, if you knew that you had been the beneficiary of half your mother’s estate and then find out that she suddenly changed the will to give 100% to your sibling after they spent a day with her at the nursing home, then you may have reason to be concerned. Undue influences and manipulation could result in a fraudulent will and one that you have a right to contest.
If you want to contest your loved one’s will, make sure you collect as much evidence as you can and speak with your attorney about your options. Proving that a will is invalid can be tough, but with the right support, it may be possible to do so.