Contesting A Will: 5 Reasons To Tell If A Will Is Invalid

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Bringing an action for contesting a Will can be quite a difficult and long process. Nevertheless, if you believe that the Will is truly invalid then you could attempt to get it overturned.

A valid will is deemed to be one that was made by a person over 18, in sound mind, not under duress and in the presence of two witnesses, neither of whom can be beneficiaries and who must sign the will along with the testator. If one or more of these conditions fails to be met, then you might have a chance of success when contesting the will. Here is a checklist to help you determine whether any individual will is valid or not:

1. Was the person who made the will aware of what they were doing? If you fear that they had mental health issues and may have been confused when they made the will, then you might be able to contest it, as long as you have evidence.

2. Are you dealing with the final will of the deceased? If you have reason to suspect that the person in question made a subsequent document that might have detailed different inheritance claims, then this is also grounds for contestation.

3. Has the will been signed and witnessed properly? Contesting a will can often be tricky as courts tend to assume any will is valid until proved otherwise. The absence of a signature can suffice a suitable ground to challenge upon.

4. Was the will made under duress? If you think that you can prove that the deceased didn't actually want to make the Will and maybe they were forced into it by someone else, then contesting its validity is a viable option.

5. Is the will the genuine article? Often, if you cannot find the original copy of a will and are dealing with other copies, then you may be able to contest it on the grounds that the original was lost. As well as this, if you believe that the Will was created by someone other than the deceased then you can claim its invalidity on the grounds of fraud.

The really important thing to remember is that you need to be able to prove any claims of invalidity that you make. Disputing the validity of a Will often will fail as those bringing the claim don't have enough proof. Without just cause for your case, it is likely that the court will rule in favour of upholding the will of the deceased as they must assume it's a valid article unless they can be persuaded undoubtedly otherwise.

About the Author:
If you're thinking of contesting a will, it's essential you choose solicitors expert in this complex area of law - contact Bonallack and Bishop, inheritance claims specialists, for legal advice you can trust. Tim Bishop is senior partner at the firm, responsible for all decisions.



Article Originally Published On: http://www.articlesnatch.com


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