When a person creates a will, it is intended to outline how their assets will be distributed after their death. However, sometimes the will is contested. This means that one or more of the beneficiaries of the will may question its validity or how it is interpreted.
Reasons for contesting a will
One of the most common reasons why a will is contested is because the beneficiary claims the person who made the will did not have the mental capacity to do so. When a person creates a will, they have to be aware of their actions, the extent of the property they are including and who the beneficiaries are.
For example, if the person who created the will was under the influence of drugs or alcohol, is suffering from memory loss or other mental conditions, these may be legitimate reasons to contest the will.
If the person was subject to undue influence, this may also be a reason the will is contested. This means that someone used their power or influence over the person so they would make a particular distribution in the will.
Also, if the will was not signed properly, the person is not old enough to create a will or there is some other administrative issue with the will, it may be contested.
Beneficiaries may also interpret the will based on their own understanding of the person’s intentions. They may need to seek guidance from a professional about how to determine the distribution.
Contesting a will is not easy, but it is sometimes the right thing to do.