When Can a Will Legitimately Be Contested?

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When Can a Will Legitimately Be Contested?

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Whenever you are working with an estate planning lawyer to get everything down in writing, you never think about what can occur if someone contests the will. The goal of estate planning is to get everything squared away from a legal perspective so that your wishes are taken care of when you pass away. However, even the best inheritance attorney can’t guarantee that a will won’t be contested. That’s why it’s a good idea to consider some of the legitimate reasons why a will can legitimately be contested. Keep reading on below to learn more about contested wills and why it can occur.

 

  • Undue Influence

One of the most common reasons for a will to get contested is when someone believes that the deceased was influenced as they were creating their will. As people get older and weaker mentally, they can be much more susceptible to undue influence from other people. If someone puts extreme pressure and stress on the person creating their will, it can be contested for undue influence. Undue influence can be very difficult to prove in court due to a lack of testimony, but it’s still a legitimate reason why a will might be contested. Speak with an inheritance attorney to discuss this potential issue.

 

  • Will Doesn’t Adhere to State Laws

Another reason why a will can legitimately be contested is when someone thinks that it doesn’t adhere to all of the state laws. Every state has its own unique set of laws and regulations that a will must adhere to in order to be considered sound. If a will doesn’t meet all of the state and local laws, someone can easily contest it. This highlights the importance of working with a knowledgeable and professional estate planning lawyer. You can ensure you are adhering to the state laws if you work with a professional inheritance attorney, so make sure you don’t underestimate their importance during the estate planning process.

 

  • Fraud

If the testator is presented with a document to sign and mislead to believe that it is a simple power of attorney and not a will, the will can be contested for fraud. Creating a last will and testament under fraudulent conditions can certainly lead to a contested will. Make sure you don’t fall victim to this issue and hire a great inheritance attorney to assist during your estate planning process.