A will is generally the starting point of any estate plan. It’s a legal document that outlines how your assets should be distributed upon your death. It can also include terms regarding your chosen guardians. These are individuals tasked with looking after your children should something happen to you.
When drafted appropriately, your will should pass through probate with few issues. Unfortunately, this doesn’t always happen and a will might be contested. Outlined below are some of the most common reasons for will contests.
When there are problems with the will’s creation
There are several factors that need to be considered when creating a will. First, the testator must have the appropriate testamentary capacity. If there are any health issues, physical or mental, that could have impacted the testator’s “soundness of mind” while creating the will, the document can be contested.
Even if the appropriate testamentary capacity has been established, questions may still arise with regards to the creation of the will. A will must reflect the true wishes of the testator. Interested parties cannot assert pressure for the terms of the will to be changed. When someone puts the testator under pressure to make changes to the will, or draft specific terms, this is referred to as undue influence. Undue influence is one of the most common causes of will contests.
Problems with the will’s execution
It is up to the estate executor to administer a will appropriately. They must do so according to the testator’s wishes and the best interests of the beneficiaries. The executor’s responsibilities include valuing the estate, paying taxes and debts, informing the appropriate parties of the death and distributing assets. If these aspects are not carried out in accordance with the law, then the will can be challenged.
Seeking legal guidance can help to avoid will contests or resolve them should they arise.
