The Reasons Why Someone May Contest your Will
An updated will and testament is more important right now than ever before. The last thing anyone wants is a will that is created poorly or is not updated regularly. These wills are vulnerable to being contested or being formally objected to.
A will contest can wreak havoc on both your finances and your family relationships. The person filing a contest may be a family member, friend, or even a business partner. These individuals must have some sort of legal standing in order to bring a will contest, meaning they would be personally affected by the outcome of the estate settlement.
If a will contest is successful, the court will deem the will invalid and refer to an earlier version. If there is no earlier version, then the courts will decide who gets the assets of the estate.
Let’s take a look at some of the reasons why a will may be contested:
The person creating the will was influenced by another person or people. Elderly individuals tend to be more susceptible to this. An adult child may exert influence over their parent to give them the more attractive assets in the estate.
The will is faulty in its execution. Every state has different laws that instruct how to execute the will. A will that has not followed these rules…the correct number of witnesses, leaving out important clauses…can be especially vulnerable to contests.
Lack of mental capacity. The capacity to make a legal will means that the person fully understands their family relationships, their assets, and the legal implications of signing a will.
If there are some contentious relationships within your family, it is advised to have an attorney help you write and execute your will. Your durable power of attorney and medical directive are important documents to create as well. For more information on will contests, visit this link.
Kevin Miller has more than 30 years of experience helping people in Oklahoma City create and execute their estate planning documents. Whether you need one document or all of them, Kevin is passionate about making sure that everyone has a properly executed estate plan.
Contact Kevin Miller here.