Reasons to Consider Challenging a Will
When you suspect that there’s an issue with the will of someone you were close to, it’s possible to challenge the will. However, doing so is exceedingly difficult. Since the person who created the will is no longer able to speak about their wishes, it’s likely that the courts will be very stringent on sticking to what is written in the will. There are times when it’s possible to challenge a will. If you’re successful with your case, some aspects or all of the will can be voided.
Possible Fraud or Forgery
Among the most common reasons that a will is successfully challenged is because fraud or forgery was involved in the creation of the will. If you can prove that a will was created under the undue influence of another individual or because of forgery or fraud, you may be able to have the will voided. If a vulnerable individual was influenced into changing parts of their will, this could be cause for challenging the will.
This is a term that refers to the capacity that an individual has to create and execute a will. All adults are automatically presumed to have the capacity to do so. However, the testamentary capacity of the individual who created the will may be challenged if you believe that this person suffered from insanity, senility, dementia, or any condition that caused them to lack the mental capacity to create a will. When creating a will, the person doing so must have full understanding of all that the will entails.
In most areas of the U.S., there must be two adult witnesses who saw the testator date and sign the will. These witnesses must not be a beneficiary of the will. If they are, it’s possible that the portion of the final estate that they were set to receive could be voided. If you believe that you have a reason to challenge a will or are looking to create a will for the first time, you might want to request the services of an estate planning lawyer in Las Vegas to make sure that mistakes aren’t made during the process.