You must have heard of families fighting when the will is read after a burial. Some members may not be too happy with what they were given, while others feel it was unfair. Some people will not accept a single word of the will, stating that they doubt it was the wishes of the departed. While contesting a will simply because you do not like it is futile, there are certain scenarios where such a contest is worthy.
Contesting a will is not an easy task. There are some valid reasons for a contest, only if you are ready for what it takes. A good place to start is to seek the right legal help in the matter. Such professional help gives you a chance to know if you are on the right path, to save time, and to keep the costs minimal. You can seek such help here.
You can contest a will when certain conditions exist.
If you find out the will was not signed as per the applicable state laws, you have grounds to contest. There are laws in each region that dictate how this legal document is to be signed. Most regions expect the document to be signed in the presence of at least two witnesses. They all need to be in the same room at the same time and sign as each person is watching. It is not legally binding unless that first-person witnessing was done. If you know it was never the case, you can proceed to contest. Do check out https://www.willcontesting.com.au/estate-lawyers/ if you want to learn more about estate lawyers.
Contesting is also possible when you know the testator had no full capacity to sign it. Capacity covers the understanding of the testator with regard to their estate, what it contains, and how they have divided it amongst their chosen inheritors. It is tough proving their lacked such capacity, but where there is proof, you have a case.
Contesting is also possible where they were manipulated into writing it. With age comes the susceptibility to be influenced. You can however only say they were unduly influenced if you can show they were facing such extreme pressure they had to cave in to it. Do check out Hentys Lawyers for reliable help.
A will made through fraud is also enough grounds to contest it. Proving the testator was tricked into signing the will gives you a solid ground to contest it. Fraud examples is when a person was sick, absent-minded, or losing their memory enough to be tricked into signing the document believing it is something else.
There are many manifestations of these conditions to contest. To understand your specific case, and to save time, ask the right experts for their opinion on whether you have a case or not. Learn more about legal will stories here: https://youtu.be/XUTP7qepfRE