The death of a loved one is often an emotional and challenging time. In the midst of grieving, it’s not unusual for arguments over inheritances to start, especially when someone believes a will doesn’t accurately reflect the deceased person’s intentions.
There are several reasons why beneficiaries, heirs and other interested parties challenge a will. Understanding these issues can help families recognize potential problems and protect their rights.
Contesting a will means asking a probate court to determine whether a will is valid. Not just anyone can take that step. The person contesting the document must have a financial interest in the outcome, such as an heir who would have inherited under an earlier version of the will.
Lack of mental capacity
One of the most common reasons people contest a will is that they believe that the person who created it lacked the mental capacity to do so. Questions often arise if the deceased suffered from dementia, Alzheimer’s disease or some other condition that affects cognitive function. Medical records, witness testimony and other evidence may be used to determine if the individual was capable of making informed decisions.
Undue influence
Undue influence is when someone pressures, manipulates or coerces a person into changing their estate plan for another person’s benefit. This type of situation may arise when a vulnerable adult relies heavily on a caregiver, family member, friend or advisor.
California courts carefully examine allegations of undue influence. A will should reflect the wishes of the person creating it — not the desires of someone exerting pressure.
Fraud
Fraud can also serve as grounds for a will contest. A person may have been tricked into signing a will without understanding what it was. Someone may have intentionally provided false information that influenced the deceased’s decisions about beneficiaries or asset distribution.
Not every will contest involves illegal misconduct. Sometimes, family members are simply surprised at the contents of the will. For example, an adult child who received a smaller inheritance than their siblings may question the validity of the document. However, disappointment alone isn’t grounds to invalidate a will.
Contesting a will involves complex legal and factual issues. Having experienced legal guidance can help someone pursue a resolution that accurately reflects the deceased’s true intentions.