Planning your will isn’t something that you do every day. That being said, it’s important to know circumstances where a will could be contested.
In today’s blog, we at Lopez & Wilmert, LLP will briefly explain a few reasons why a will could be contested. For all of your will and estate planning needs in La Mesa, contact our expert team today!
What Does It Mean If A Will Is Contested?
Before we cover the different reasons why a will could be contested, it’s important to understand what that means. Simply put, a will contest is someone’s attempt to object the statements or requests made in a will.
Reasons A Will Could Be Contested
There are several reasons why a will could be contested, including:
- Faulty – This means the will is not complete or that it is not legally valid. This can cause reason for concern and can result in it being contested.
- Mental Capacity – If the person that wrote the will, or made the requests present in the will, had diminished capacity at the time of completing it, that’s another reason it could be contested.
- Fraud – In some cases, people will try to create a will on behalf of the said person and attempt to get their signature, making it seem like they were the ones who created the will and gave authorization. If this is proven, the original will could be contested on the grounds of fraud.
- New Will – Sometimes, people will create a will at one point in time, but decide to create a new will after the fact. At which point, if the new will is deemed accurate and legitimate, the old will could be contested.
- Paternity or Maternity – In some instances, relatives are excluded from a will. However, if they can prove they are related to the deceased, that would be grounds for the will possibly being contested.
- State Laws – In certain states, there are laws in place that require spouses and children to inherit certain assets of the deceased, even if they are not outlined in the original will.
At Lopez & Wilmert, LLP in San Diego, we know wills and estate planning can quickly become confusing. That’s why we are here to provide a variety of services to help you navigate it all! Contact us today for more information.