An Introduction to Contesting a Will
A Will, also known as a Testamentary Will, is a legal document that outlines how a person’s property and assets will be distributed among their heirs after they pass away. It serves as the final say of the deceased, ensuring that their wishes are carried out. However, there are instances where beneficiaries may feel that they have a claim over certain assets and decide to contest the Will. In such cases, it is important to understand the grounds for contesting a Will during the probate process.
Grounds for Contesting a Will During Probate
Lack of Testamentary Capacity
One common reason for contesting a Will is when the claimant believes that the testator did not have the mental capacity to make a Will. Mental illnesses such as psychosis, schizophrenia, dementia, and Alzheimer’s can all impact a person’s ability to make rational decisions. In such cases, unhappy beneficiaries can contest the Will on the grounds of lack of testamentary capacity.
Coercion
Family disputes can lead to coercion, where heirs manipulate the testator to draft the Will in their favor. This is a serious issue and can result in an unfair distribution of assets. Coercion is a valid reason for contesting a Will during probate.
Improper Execution of the Will
The proper execution of a Will is essential for an equitable distribution of assets. The probate process can become complicated if the Will is not executed correctly, leading to delays and additional legal procedures. If a beneficiary believes that they are entitled to more assets than they have received, they can contest the Will based on the improper execution of the Will.
The Executor and The Estate
Issues related to the executor of the Will can also lead to disputes and contestation. Executors who fail to carry out their duties properly, including distributing estate money to beneficiaries, can be held personally liable. A poorly planned and executed estate plan can create more problems in the probate process, leading to disputes and resolutions.
Risks of Contesting Probate
Contesting a Will during the probate process comes with its own set of risks. The longer one waits to contest, the more complicated the process becomes. There is also a risk of facing legal proceedings if the grant of probate is stopped.
Final Thoughts
Contesting a Will is a complex and expensive process, but it can be necessary if a beneficiary believes they are entitled to specific assets. It is important for the testator to ensure a trusted executor administers the estate in good faith to avoid any potential disputes. Ultimately, the probate process exists to ensure that all parties receive the property they are entitled to.
