The loss of a dear one is something that we are never prepared for and yet when that happens, we are required to do the needful. And among all the other things that need to be taken care of at that time, handling all the legal work also makes up for a big portion of tasks at hand. Out of all the things, wills, probates, and estates become the primary things that we happen to deal with then with the help of a Living Trust Attorney.
And just sometimes, due to certain situations, a will needs to be overturned and that is something that becomes really difficult to do. There are numerous reasons for which such a thing could be witnessed and below are a few of the causes that could be held accountable for overturning a will after probate.
Unlike what you may be accustomed to watching on the screen, in reality, there are not a lot of reasons to challenge a will. It is only on television shows and certain series that it is seen that every will of the deceased faces a contest. But truth be told, just because a particular person does not happen to like the way of destruction of assets has taken place, it does not become a reason enough for him to be able to challenge a will. However, that being considered, there are still a few reasons that make the ground for a will contest, as said by a Will and Trust Attorney.
Reason No. 1
Not following the state law
Many times it is seen that a will when formed has not followed all the protocols properly and in the light of state laws and legislature, it stands to become null and void. Most of the states have it as a rule that in case if a will has to be made, it has to be drafted in the presence of two witnesses and they should also have their signatures on the document. By chance, if such eligibility is not met, then the will can get contested.
Reason No. 2
Testamentary capacity loss
This can be a serious ground for a will overturn. There are many situations in which it is often witnessed that it is tried to be proved that the deceased person who has made the will may have been at a lack of testamentary capacity and may not have made the will in a sound mind. Just so that the will can be contested again. Memory loss or confusion post an accident or with age are one of a few common factors that are seen in the play. Hence, if there is something like this that sets found, a contest of will can be expected to take place.
Reason No. 3
Unduly influence
According to an Arizona Probate Attorney, if by chance, it is found out that while creating the will, the person has been unduly influenced to make the document in a way that otherwise could not have been possible, in that case, another person can challenge the paperwork stating that free will may not have been practiced. And so, it could be made to be reconsidered again.
Reason No. 4
A second will
In this circumstance, you could be sure that if there is a new will that sees the light of the day, then it would face being confronted. And if in a possibility, a person comes forward with another will that has been made, dated, and signed after the previous will, then the former one will cease to hold value.
Reason No. 5
A fraudulent will
Last but not the least, if it is proven that the will that was formed was done with the help of unfair means and was not made with freedom and consent, will also be liable to be rendered rejected. A fraudulently made document holds no value for the court.
The Takeaway
Hence, it can be seen that just how important and necessary it is to know the reasons for which a will can be openly contested in court and how to prevent it from happening so. If you ever have the requirement to get in touch with someone to help you in terms of wills and probates, we would be more than happy to do so for you. With us at Compton Law, we can assure you that you will get the best legal services from a living trust attorney for estate planning, trusts, probate, estate and trust administration, special needs planning, and elder law. Our lawyers are more than efficient to win your cases for you. Get connected with us. We look forward to hearing from you.
