4 Instances When Will Disputes May Arise and What You Should Do

Law Blog

The primary reason why people write wills is to ensure that their families get clear and precise instructions on how to share property after they die. For example, if someone has a large estate, they should consider creating a will to guide the family in sharing assets.

Your loved ones might have to endure tedious court battles before resolving the matter if they try to contest your will. Here are three instances when the will disputes are likely to arise and how a lawyer could help resolve them.

When There Was a Problem With Drafting

Generally, the drafting process should happen in the presence of an experienced will and estate lawyer. However, sometimes mistakes happen in the drafting process. For example, your loved one might have left behind a will with clerical errors, and other people might contest it. 

The court will allow a contest over drafting when it is unclear what the deceased's intention was. A lawyer can help you gather the needed evidence to get support from the court. In this case, the court might allow for the will to be retrospectively amended. 

When You Haven't Executed the Will Properly

Another circumstance in which family members might decide to contest a will is when the executor makes mistakes in the process. The law would consider a will invalid if you executed it poorly. However, before the will is considered invalid, the court might ask for evidence from anyone present during the signing. Thus, it can be extremely challenging to deal with wills made in the absence of a lawyer. 

When Someone Used Undue Influence on the Testator

Another common scenario where will disputes arise is when someone has used their influence on the testator to favor them in the will. For example, undue influence happens when someone close to the testator is greedy for wealth. As long as you can get a lawyer to help you prove that the owner of the will would have made different choices, you can get the will invalidated.

When the Testator Was Mentally Incapacitated

The law only considers a will valid when the testator was of sound mind when they were drafting it. Some people might contest the will and even allege that the testator was mentally incapacitated when drafting it. In this case, a competent lawyer will help you prove that the testator didn't know what they were doing when drafting the will and invalidate it.

Get a competent lawyer to help you navigate the process of challenging or contesting a will. They will help you gather the needed evidence to invalidate a poor will and resolve any will disputes


17 May 2021

Fact And Fiction: Accurate Information About The Law

I love reading novels that involve complex legal cases. I particularly enjoy those that are told from the defendant's viewpoint, but any well-written legal fiction will capture my imagination. My interest comes from being a court stenographer when I was much younger and seeing the dramas in real-life! Nothing irritates me more than a novel which includes legal fallacies. Fiction or not, I am a stickler for accuracy. I like to do research and check if a court case in one of my novels could play out in real life. It has become quite a hobby and I spend a lot of time in the law section of my university's library. I'm sure there are other people who are interested in the law for various reasons and I would like to share some of the knowledge I've gained. I hope you find my blog fascinating and worthwhile.