A last will is a legal document that reveals the deceased’s final wishes. It communicates how their assets will be distributed among their surviving family, relatives, or dependents. However, a will can be contested.

Most disputes are rooted in two bases: questions of validity and wealth provision. Surviving family members or non-blood-related beneficiaries can hire a will and probate solicitor if they doubt the validity of the will or think that the provision they received was unfair.

In contesting a will, you may look into the following grounds to see what applies to your case.

Uncertainty of the Testator’s Mental Capacity

A person must be of sound mind and understands what they are signing for a will to be considered valid. It is naturally assumed that the testator complies with both categories when they have drafted and signed the will.

In case of disputes, the contesting party would need to present evidence that the testator exhibited one or a combination of conditions below during their last days.

• Blindness
• Deaf and muteness
• Illiteracy
• Inability to speak
• Paralysis

Third-Party Influence

If another person exerted undue influence on the distribution of financial provisions, then it can be a ground for a wills dispute. Undue influence can be in the form of coercion, physical violence, swaying decisions through misinformation, verbal bullying, and badgering.

Proving undue influence can be difficult. This is because the law does not consider the inclusion of people who hold positions of power over the testator (e.g. primary caregiver and legal guardian) as the result of influence. This is why, oftentimes, irrefutable physical and video evidence is required.

Fraudulence or Forgery

Fraudulent wills are those that feature wishes the testator would not do otherwise. This implies that parts of the will have been tampered with on a date later than the original date of the will’s signing. This also leads to forged signatures to give the document a sense of authenticity. Interestingly, the destruction of wills or versions of it is also considered fraud.

The court may rule that a will is invalid if concrete proof of fraudulence and forgery can be presented. Prior asset distribution may also be revoked. If it was found that a prior version of the will, one that fully communicates the deceased’s wishes, was destroyed.

Non-Compliance to Wills Act (1837) Section 9

Wills Act (1837) is the law that governs matters concerning wills, inheritances, and distribution of a deceased’s assets and estates. Section nine of this law states the basic requirements that can validate the creation of the will immediately after signing.

These requirements include:

• A written and signed document stating the testator’s wishes.
• The testator signs the will with the purpose of creating a will.
• Two witnesses who were present during the document’s signing or whom the testator directly informed that the signature in the will is theirs.
• Witness signatures.

Conclusion

The legal battle to have a will invalidated is a challenge riddled with one hurdle after the other. However, if you suspect the will’s validity or you think that the assets were unfairly divided, then it is best to consult a wills and probate lawyer. These legal experts can give you sound legal advice to help you get a clear picture of what legal actions you can take.

Wills & Probates is a dependable future planning expert who can guide you through wealth planning, wills drafting, probate planning, trust setups, fair estate distribution, and more. Let our experienced and knowledgeable team be of assistance to you. Contact us today