A will is a legal document that provides instructions for how your assets should be divided upon your death. It can also name legal guardians who will take care of your children in the event of an emergency.
These are just some of the important reasons to ensure that your will is drafted appropriately. If your will is open to interpretation or contains errors, then it can be contested.
Outlined below are two of the more common reasons for will contests:
1. Questions over the will’s integrity
As with any legal document, a will must be authentic. It must be signed and written by the relevant parties and it must truly reflect the wishes of the testator. If there are suspicions that a will is inauthentic or has been forged in any way, then this is a legitimate ground to raise a will contest.
2. Allegations of undue influence
As stated, a will must reflect the true wishes of the testator. While other people, such as family members, can support the testator, they are not allowed to directly influence the terms of the will. If someone close to the testator asserts pressure on them to make changes to the will, this is classed as undue influence. Undue influence is one of the most common reasons for will contests.
It’s important to ensure that your will truly reflects your wishes and can see them through. Drafting your will shouldn’t be a task that you take on on your own. Instead, consider seeking legal guidance so that you can draft an estate plan that meets your needs.