A will is a legal and binding document by the deceased outlining the manner in which the estate left behind should be shared. Although a will is binding there are certain wanting circumstances that gives you the right to contest a will before it is executed. Getting a will drawn up by a professional can help avoid will disputes in the future. If you’re thinking of contesting a will and looking for reasons why, read the following guide on some of the main reasons a will can be contested.
Under the Act a will can be contested if the deceased fails to award sufficient inheritance to the people outlined in the Act. In such a situation the will can be contested so that the people mentioned can benefit accordingly from the estate of the deceased. This will often result in a reduced amount for the people originally mentioned in the will. However, the Act will not completely ignore the original people mentioned and they will also benefit.
A will can be contested if the deceased was engaged in undue coercion or manipulation during the drawing of the will. This might have been done by forcing the deceased using a variety of threats in order to control the way the will is drawn. A will can be contested if the deceased was mentally unstable during the drawing of the will. This means that the wishes expressed in the will do not reflect the wishes of the deceased. A will can also be contested if it was drawn without complete knowledge of the deceased especially in instances where the deceased was blind, and was not totally aware of what was written on the will.
A will can also be contested if it has been forged. This means that the third party other than the deceased drew and signed the will without the knowledge of the deceased. However, will forgery is often hard to prove in court and you should always ensure that you have enough evidence to avoid unnecessary costs and risks associated with such lawsuits.
DRAWN UP CORRECTLY
There are certain legal guidelines associated with a will that should be met in order for the will to be valid legally. For instance, a will should be drawn in the presence of two witnesses and signed by a testator. However, neither the testator nor the witnesses should be direct beneficiaries of the will. For instance, if you children help you with drawing a will then the will can be contested. This means that you should follow proper legal guidelines when drawing a will to ensure that it is not contested after you die.
LACK OF MENTALLY CAPACITY
Some illnesses such as dementia or Alzheimer’s interfere with the mental capacity of an individual to draw a will. Therefore, if the deceased suffered from such illnesses while drawing the will then the will can be successfully contested in a court of law.
Most people make mistakes while drawing up a will because they follow the simple guideline kits available in supermarkets and the internet. However, it is important to note that such kits are meant for people with simple issues. Therefore, if you have complex finances, a larger estate, or an extended family structure ensure that you consult an experienced lawyer to examine the will before you sign it.