White Peck Carrington
Call Today 859-274-4115

The circumstances that could lead to the challenge of a will

In our last post, we talked about updating your will and why it is crucial to make frequent updates to this document. In the absence of proper updates, this document will not accurately reflect how you feel about your estate and it won't be executed in the way that you would have wanted it to.

Today, we want to talk about the other side of the will: the beneficiaries and how they may seek legal action against a will for a variety of reasons.

To begin, it is important to understand that most wills pass through without any legal challenges. Many more that are actually challenged in court are not changed or altered in any way by a judge. This is because most judges want the will to stand on its own. Altering someone's last wishes is a big deal. So there needs to be substantial evidence in order for someone to successfully challenge a will.

Having said all of that, here are some circumstances that could lead to a successful will challenge:

  • Testamentary capacity. If the grantor doesn't understand what he or she is signing, or understand the value of their assets, or even comprehend who their beneficiaries are and who they are expected to provide for, then the will could be challenged.
  • Fraud. Along the same lines as testamentary capacity, if the will is fraudulent or if someone tampered with or forged a will, then it can be challenged.
  • There are also logistical issues that could arise. For example, what if the provisions in the will are illegal or improper? What if another will exists? What if there weren't sufficient witnesses to the creation of the will?

Source: FindLaw, "Reasons to Challenge a Will," Accessed Aug. 31, 2017

No Comments

Leave a comment
Comment Information

White Peck Carrington | 26 Broadway | P.O. Box 950 | Mount Sterling, Kentucky 40353-0950 | 859-274-4115 | Fax: 859-498-7363 | Map & Directions