If you believe a will does not reflect the true intentions of the deceased, you may consider contesting the will. Some of the more common examples of reasons people move forward with a challenge include concerns that the individual who made the will lacked the capacity to make the decisions at the time or was under undue influence. Other arguments may involve allegations of fraud or that the will was not properly executed. The following will dive into each of these examples and provide more information so you can decide if you should pursue further action.
Lack of testamentary capacity or undue influence
One of the primary reasons to contest a will is the belief that the testator (the person who made the will) lacked the mental capacity to do so. Testamentary capacity means the testator understood the nature of making a will, the extent of their assets, and the claims of those who might expect to benefit from the will. Undue influence is another common reason. This occurs when someone manipulates the testator, compromising their free will. This can result in a will that reflects the influencer’s desires rather than the testator’s.
If you suspect the testator lacked capacity, you may need to provide medical records or witness testimonies to support your claim. Proving undue influence often requires evidence of manipulation or coercion.
Fraud or forgery
A will may be contested if the testator’s signature was forged. This is a serious allegation that requires substantial proof. Examples that can help include:
- The will contains suspicious alterations or additions.
- The testator’s signature does not match known examples.
- Witnesses to the will’s signing are unreliable or unavailable.
Fraud or forgery claims often necessitate expert analysis, such as handwriting examination.
Improper execution
Wills must adhere to specific legal formalities to be valid. The particulars vary by state. In Colorado, this generally includes a requirement that the will be in writing, signed by the testator and either signed by at least two witnesses or acknowledged by the testator before a notary public.
Contesting a will is a complex process that requires careful consideration of the legal grounds and potential evidence. If you believe you have a valid reason to challenge a will, consulting with an experienced probate attorney can provide guidance and help you navigate the legal system. Understanding the common reasons for contesting a will is the first step in determining whether to proceed with your case.