What are some common reasons for challenging a will?
A will is supposed to contain the final legal wishes of the testator and most people gathered at a will reading believe that this is probably the case. However, there are always situations where an heir believes that the testator’s will isn’t valid, but believing this to be so is just not enough. Someone who is concerned about a family member’s will must be able to prove that it isn’t valid. What are some of the most common reasons for challenging a will?
One of the most common reasons a will is challenged is that the will wasn’t signed according to the laws of the state it was created in. For a will to be legal in Florida, it must be signed by the testator in the company of two witnesses. That means that the witnesses must see the testator sign the document. If the will is not signed according to state law, its validity can then be challenged in a court of law.
Another reason for challenging a will is if the challenger believes that the testator did not have testamentary capacity when they signed the will. Testamentary capacity means that the testator has a clear understanding about the value and the kinds of assets they have. It also means that the testator understands who they are designating their assets to in their will. They must also understand what they are doing by signing over their assets in the will.
A will can also be challenged if someone believes the testator was under the undue influence of another person while they were creating it. Any Florida resident who is thinking about developing a will may want to get more information in order to find out other common reasons for challenging a will.
Source: about.com, “What are the grounds for contesting a will?”, Accessed June 11, 2016