3 Reasons to Contest Your Loved One's Will

Posted on: May 14, 2015

Reasons to Contest Your Loved Ones Will

Few things are more emotionally challenging than a loved one's passing. The process of administering the estate of a deceased individual also adds to the stress. If your loved one had a will, their assets and belongings will be distributed among the beneficiaries listed in the document - but what if you suspect your loved one's will is not truly what they would have wanted? Here are three reasons to contest your loved one's will.

  1. Undue Influence or Coercion

    For a will to become legally binding, the will creator must draft and sign the will of his or her own volition. This means that there can be no coercion or undue influence by any other party. If you have evidence that a family member or another person attempted to pressure your loved one into including them in the will or leaving them certain assets, you may have a case. An attorney with specific experience in contested wills is likely going to be your best ally in this situation.

  2. Lack of Capacity to Create a Will

    In order to create and sign into action a legally binding will, your loved one must have been of sound mind. If you believe your loved one was suffering from a condition that caused them to have a lack of capacity to understand and sign the will, you may want to contest the will. For example, if your loved one was not able to identify his or her loved ones at the time the will was drafted or did not understand the purpose of the will or the nature of his or her assets, the will may not be legally valid.

  3. Lack of Due Execution

    There are certain actions that must be taken in order to properly execute a will and make it legally valid. Failure to properly witness or sign the will could cause the document to lack legal validity, and as a result, could merit the need to have the will contested.

Contact Farhat Law Firm, APC Today

Dealing with the death of a loved one is difficult enough without having to worry about contesting your loved one's will. At Farhat Law Firm, APC, we can provide you with the legal support you need to confidently bring forward concerns about your loved one's will. We will walk you step-by-step through the process of contesting the will so you can focus on spending time with your family during this challenging time.

Contact us today at (951) 808-0529 for a consultation to discuss your right to contest a loved one's will and what your next step should be. We are available now to assist you.