Losing a loved one is a difficult time, and dealing with their will can add to the stress. Sometimes, you might feel that the will doesn’t reflect their true intentions. Understanding when to dispute a will can help you decide the best course of action.
Signs of undue influence
If you believe someone pressured your loved one into changing their will, this might be a reason to dispute it. Undue influence occurs when a person uses manipulation or coercion to alter the will in their favor. Signs include sudden changes that benefit one person significantly, especially if that person was close to the deceased in their final days.
Lack of mental capacity
A will is only valid if the person creating it had a sound mind. If your loved one suffered from dementia or another condition that impaired their judgment when they made the will, you might have grounds to challenge it. Medical records or testimony from those who knew the deceased can help establish their mental state at the time.
Fraud or forgery
If you suspect that the will is not genuine or that someone forged signatures, disputing the will may be necessary. Fraud can occur if someone tricked your loved one into signing a document without understanding it was a will. Examining the authenticity of the will and consulting experts can uncover signs of fraud or forgery.
Improper execution
Wills must meet certain legal requirements to be valid. If the will lacks proper signatures, lacks witnesses, or doesn’t follow state laws, it may be invalid. Reviewing the legal procedures during the creation of the will can reveal whether it meets the necessary standards.
Unfair provisions
If the will seems unjust, excluding close family members without explanation, you might consider disputing it. While people have the right to distribute their assets as they wish, sudden or unexplained changes that disinherit immediate family can raise concerns.
Deciding to dispute a loved one’s will is a serious decision to consider carefully. If you have valid concerns about the will’s authenticity or fairness, understanding the reasons and acting promptly is important. Thoughtfully evaluating the situation can help you honor your loved one’s true intentions and ensure a fair outcome for all involved.