If you believe a loved one has passed away and left behind an invalid Last Will and Testament, you may be able to issue a challenge to that document. You can, however, only issue a challenge if you are an heir-at-law or if you were a previous beneficiary, but have been removed from the current Will.

If you are eligible to contest the Will of a loved one, you can do so for one of four reasons. Be advised, Will contests are not often won and you will need evidence to prove foul play.

If you believe your loved one’s Will was not signed according to state law, you can issue a challenge. Such a challenge, however, does not mean that the dictates within the Will were not those of your family member, it simply means he or she did not sign in the manner that state law requires.

When a person has a mental disability that impedes his or her judgment, that person may have trouble understanding the full implications of signing a particular legal document. If a family member’s Will was signed at a time you believe he or she was mentally incapable, you can challenge that Will. You must, however, provide proof that this was the case.

If one family member strongly influences the creation and signing of a Last Will and Testament, that Will may be contested by other family members. If you feel that the signer of a Will has been improperly influenced during the estate planning process, speak with your attorney about the best way to prove this. Improper influence may include separating the signer from other family members or telling the attorney what should be included in the document.

When a Last Will and Testament is signed, there must be witnesses present who can verify that the signer believed he or she was signing a Will and not some other document. If you believe or know that your loved one was tricked into signing a Will, you can put forth a Will contest. The witnesses present for the signing will have to testify as to whether or not they believe your loved one knowingly signed a Will.

Tags: contesting a will, Probate, Wills