How to Contest a Will – Who Can Contest a Will and what are the grounds to contest a will?

When a person dies and leaves a will, some people are not going to be satisfied with the contents of the will. And, they may think that they have grounds for contesting the will. But, actually everyone can’t easily contest a will without necessary evidence that one of the four areas was breached. A lawsuit to fight the contents of a will can only be filed by a limited group of people involved in the testator’s life. People who have standing to file a will contest include;

  1. Disinherited heirs at law
  2. Beneficiaries and fiduciaries named in a prior will

Here we describe about the grounds to content a will.

How to Contest a Will

Will was not signed under applicable laws

A person needs to prove that the will was not signed under applicable state laws. Each state has certain specific laws that govern how a will must be signed. For example, some states need witnesses and others won’t. This is the most common grounds on which a will can be stated invalid later. If the person could prove that the will was not signed under the rules of state law, then it can be annulled.

Signer is not able to agree to the terms

This is another important ground when a will can be contested. It says that if the signer is not able to or don’t have the capacity to agree to the terms signing a will, then the will could be annulled. However, laws can be varied for each state in terms of things that determines a signer’s capacity. Some states permit a person to sign a will even if he/she has symptoms of dementia. Hence, this ground is seemed to be the most difficult one to prove when contesting a will.

Testator was influenced

This is a common reason that people claim when it comes to contesting a will. They may say that the testator was influenced into signing the will. If the signer is physically or mentally weak, then people may become more susceptible that he/she is influenced by others. Pressurizing or forcing someone could be considered as a ground to content the will. However, this is tough to prove because the level of force or influence can be very subjective.

Signed as a fraud

This is one out of the four grounds on which the will can be contested. When the will is deemed to have been signed as a fraud, for example, testator tricks into signing the document. Signer may think he was signing a different document but in actual, someone was buncoing him by having him sign a will.

Besides the above grounds, people may want to contest the will when they are not satisfied with its contents. But, this reason is not at all valid to contest it. People who have doubts about their grounds to contend the contents of a will, it is vital to talk with an estate or probate planning lawyer who can provide right guidance.

Author bio: Meen is a part time article writer and blogger who writes on varied topics and for her various clients. Being in web industry she has enough knowledge on various topics.

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Hello, I am a housewife and love my family. Also love to write on my blog when i am free.

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