While there are numerous steps to estate planning, drafting a will is usually the first. A will allows the testator to name beneficiaries. These are individuals or organizations that assets will be given to upon the testator’s death.
A will can also carry out several other functions. For example, if the testator is a parent, they can name a guardian. This is an individual or individuals who will take care of the child should the testator die.
In some cases, certain individuals (particularly beneficiaries) may not agree with the terms of a will. If there are valid legal grounds, then they can contest the document in court. What are some of the legitimate reasons to contest a will?
Legal validity
For a will to be legally valid, several criteria must be met. Firstly, in California, the testator must be 18 years old or over. The will must also be witnessed and signed by two uninterested parties. If the witnesses turn out to have a vested interest in the will, then it could be challenged in court.
The signatures on the will must be legitimate. If there are any questions over the authenticity of the testator’s signature, then a will contest can be raised on the grounds of fraud or forgery.
A clear understanding of the terms
A will must reflect the true wishes of the testator. For this to happen, the testator needs to possess the appropriate testamentary capacity. In other words, they need to be of “sound mind.”
Those who lack testamentary capacity may not fully understand the terms of the will. They may also be exposed to undue influence. Undue influence occurs when an interested party asserts pressure on the testator to change the terms of a will. Lack of testamentary capacity and undue influence are both valid grounds to raise a will contest.
Whether you are drafting a will or looking to raise a contest as a beneficiary, it can be helpful to seek legal guidance.
