If you have a Last Will and Testament, it is important to understand on what grounds an heir or disinherited beneficiary could declare your document to be invalid. When you are aware of the reasons a Will may be contested, it is easier to avoid successful challenges.

Who Can Contest

Any heir-at-law or any beneficiary that you included in a previous Will but have left out of your final Will, has the right to contest your Will. Such a contest may occur if the family member in question believes he or she will benefit from a successful challenge to your Will.

When a Contest is Possible

Did you write your own Will? If so, you are putting yourself at risk of a successful Will contest. A challenge to your Will may state that your document was not created and signed according to estate laws. If this is true, your document could be declared invalid by a judge and some of your beneficiaries that are not heirs-at-law may be disinherited.

Your Will may also be challenged if an heir believes you were not of sound mind at the time you signed. Your witnesses should be able to testify as to your mental state, but your doctor may also be able to provide a statement if he or she saw you near the time of your signing.

If you sign your Will believing it to be another document, an heir may make the claim that you were tricked into signing. Or, if he or she believes another heir has strongly influenced the making of your Will by speaking with your attorney for you or by secluding you from your family during the creation process, there may be grounds for a contest.

How to Avoid a Contest

The best way to avoid a Will contest is to create a legally sound document with the assistance of your attorney. You can also speak with your witnesses to let them know you are mentally stable, that you were not influenced and that you know what you are signing. You may even be able to reduce the chance of having an heir challenge your Will by leaving at least a small inheritance to each heir and invalidating that inheritance if they contest the will. Finally, if capacity is anticipated as an issue, you may wish to execute your will or other planning documents immediately after a medical appointment in which a cognitive study was performed, so that your medical records actually show you to be competent at or very near to the time that you executed the planning documents.

Tags: contesting a will