While no one wants to challenge a will, there could come a time when you have no choice but to learn more about your legal rights.
If you're thinking about challenging a will, here's something you need to know: You must have a good reason for doing so. You don't want to go down this path because you feel slighted by the person who passed on.
Here are some of the more common reasons to challenge a will:
- Testamentary capacity. This comes into play if you believe that the person created a will without the mental capacity to do so. This could be the result of dementia, senility, insanity or a person under the influence of drugs.
- Undue influence. This is exactly what it sounds like: The person did not have the ability to make his or her own decisions because of a manipulator.
- More than one will. It's not uncommon for people to create more than one will. If they don't destroy the older will, questions can come into play with regard to which one is valid.
- Lack of appropriate and sufficient witnesses. A will must be signed and dated by the testator in the presence of a minimum of two adult witnesses.
There is nothing easy about challenging a will, but if you have reason to believe this is necessary you should learn more about the process and your legal rights. There are steps you must take to improve your chance of proving your point.
Once you know your reason for wanting to challenge a will, you can turn your attention to the legal process of doing so in your state and local area.