The reading of a will usually signify the loss of a loved one. It’s not easy to lose a significant other, and it’s even harder to have to dispute their final will, but sometimes it needs to be done.

A will is a legal document that expresses a person’s wishes regarding the distribution of their possessions in the event of their demise. It also determines the rightful person to manage the estate until its final redistribution.

Many scenarios could lead to disputed wills. Some of which are discussed here:

1. Mental Capacity

When a person writes a will, they have to have a sound state of mind and judgment. If you suspect your loved one wasn’t mentally capable of writing a valid will, your grounds for disputing the document may be firm enough. Remember, though, that challenging a will requires professional expertise.

Basically, the testator should show that they had the capacity to write a valid will. They must have been in the right frame of mind to understand that they were writing a will, and they should have understood the implications of this legal process. An understanding of the value of their estate is also an indication of a testator’s mental capacity.

If the testator had any mental disorder, then that would strengthen the cause for disputing the will. If you decide to challenge this document based on mental capacity, you must provide evidence that the deceased lacked mental stability when creating it. However, it may be worth noting that testators are generally considered mentally fit unless proven otherwise.

2. Invalid Execution

For a will to be considered valid, there are bare essentials that have to be adhered to:

• The will has got to be in writing.
• It should be signed by the testator.
• The testator should be mentally sound and aware.
• At least two people must witness the signing of the will. Neither should be a beneficiary or the spouse of the testator.

If any of these prerequisites are disregarded, there can be legal grounds to dispute a will.

3. Insufficient Knowledge About the Will

If it’s suspected that the testator did not fully understand the contents of their will, then that could be cause for a disputed will. Suspicious scenarios include the following:

• The testator had visual impairment.
• The testator had a hearing or speech impediment.
• The deceased had low literacy levels.
• The testator was vulnerable because of health issues. For example, they were ill and frail.
• The will appears to have been signed by someone else. 

4. Undue Influence

Undue influence is when someone can persuade another’s decisions due to their relationship. Often, the persuader is in a better position than the other, perhaps due to a higher social or financial status, better education, or emotional attachments between the two.

When a testator writes a will, they’re expected to do so on their own volition and judgment. If there are suspicions of coercion, then the will could be disputed. Thus, it would be incumbent on the beneficiaries of the will to prove that there was no undue influence.

If the testator was, say, into gambling, they could have been vulnerable to undue influence. For investigations of such matters, experts that give gambling legal services may be helpful.

5. Forgery and Fraud

If you could prove that a will was forged, it will be invalidated. It’s advisable to seek an expert’s opinion to ascertain if the testator’s signature or handwriting is authentic. If a lawyer gives a conclusive report backing the suspicion, it could result in a successful dispute. Forgery is considered fraud and can be a cause for prosecution.

Will fraud could come in many forms. For example, an individual could lie and slander a beneficiary so that the testator removes them from the will. To ascertain fraudulent wills and take corrective measures, it’s always advisable to involve qualified experts such as layers. 

6. Rectification

A will can be contested because of a clerical error. This can occur when the mistake is made during the recording of the testator’s wishes. In some cases, a will can be disputed if it’s incomprehensible because of clerical issues.

In such a case, the will has got to be rectified before it can be validated. To do so, the solicitor would have to issue a statement showing the testator’s true wishes as they understand them. Once it’s made clear that the solicitor understood the deceased’s wishes but erroneously recorded them, the will is validated and accepted at law. 

Conclusion

A will represents the last wishes of a deceased person. It’s a reflection of the love they had for surviving family and friends. Because it’s a legal document, a will is binding as long as it’s properly written and documented. 

If you feel a will doesn’t reflect your deceased loved one’s wishes accurately, seek legal advice and take action before it’s too late. Hopefully, the issues discussed could help you to make informed decisions as to whether to contest a will.