Did you know that there are several grounds for contesting a will? We like to think that everyone will come together and grieve in unison, all getting along well after we die. But in reality, many families want to contest a will for various reasons. This article discusses possible reasons for contesting a will.
Family Life
The complexity of family structures is increasing. Modern families are frequently more complicated than their forebears due to factors such as second marriages, non-traditional relationships, and blended families. It adds spice to life, but it may also make it harder to draft a will that everyone is happy with and that minimises the likelihood of disputes. Changes in family dynamics and interpersonal dynamics can take place over time. The need to constantly update your will is growing because people’s wishes can change over time.
Media
The press covers contested wills more and more now, which may make some people feel empowered to challenge a will if they so desire. They might be more inclined to challenge one if they think it doesn’t represent their or the departed’s interests fairly. The wealthiest generation in history is beginning to die off. The stakes in inheritance disputes are rising as the next 30 years bring an unprecedented windfall of £5.5 trillion to UK households. If beneficiaries believe they are unfairly left out of a will, they are more likely to challenge it.
Reasons For Contesting
Here are some valid reasons for contesting a will:
- Lack of Testamentary Capacity – The person must have mental capacity when they made the will. Conditions like dementia, Alzheimer’s disease, or severe mental illness can raise questions about testamentary capacity.
- Undue Influence – This happens when someone pressures or coerces the testator to change their will.
- Lack of Due Execution – To be valid, wills must adhere to specific legal formalities.
- Fraud or Forgery – This involves fraudulent activities, such as Forging the testator’s signature and changing the will without the testator’s knowledge.
- Lack of Knowledge and Approval – The person making the will must have known and approved of the will’s contents.
Contesting a will is legal, and the burden of proof lies with the one who is contesting the will. It is important to challenge the will as soon as possible, as time limits will apply.
To inquire about drafting a will, get in touch with Braintree Wills.