A will can ultimately decide how an estate is handled after a testator's passing. However, a will might be challenged. This can cause the probate process to linger and may disrupt the distribution process. Yet, a contested will might also protect a testator's last wishes.
Here are a few reasons a will might be contested:
Undue influence
If a testator signed a will that was pushed on them, then there may have been undue influence. Undue influence is the act of manipulating a testator through lies or pressure to agree to the terms of a will that likely go against their original wishes. People with mental illnesses and elderly people are vulnerable to undue influence.
Forgery
Forgery happens when a fake will or signature is made to resemble real documents. It's often clear if a will is a forgery when a signature doesn't look the same on the last will as it does on older copies. A forgery may also be obvious if there were sudden extreme changes made in a will.
Fraud
Someone may misrepresent the contents of legal documents to a testator, which can constitute fraud. Will fraud could also happen if someone were to hide or destroy a copy of a will. There are many forms of will fraud, such as embezzlement or misrepresented assets.
Duplicate wills
When a new will is made, any older copies should be destroyed. Having duplicate copies of a will can create issues if it's unclear which draft came first or if the text does not clearly revoke older copies.
No witness signatures
To make a valid will, the testator must have their will signed by them and two witnesses. The witnesses should have no involvement in or gain from a will. If the witness signatures are missing or a witness did gain from a will, then there may be cause for a challenge.
If you believe you have reason to contest a will or you need to protect a will from being challenged, you may need to reach out for legal help.
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