Welcome back. Today, we are going to talk more about challenging a will. Our wills lawyer in Cary NC can help you better understand why this might happen to your will. Below, you’ll will find more ways that a will could be challenged.
- As we talked about briefly in our previous blog, in some cases, undue influence can be an issue. Unfortunately, undue influence can happen to anyone. This could be an issue, even for those who are in a sound state of mind. Elderly people are often trusting and that makes them vulnerable. They may be willing to believe that those who have suggested changes to their will have good intentions.
- Undue influence is closely related to fraud or forgery. As you can imagine, it can create the same issues. If forgery or fraud are suspected that can be a valid reason to challenge a will.
- It is also possible to contest a will in the event that it is not executed properly. Proper execution usually requires that the document be signed by two witnesses who are not included as beneficiaries. It should also be signed by the creator of the will and dated. In a situation where the signatures are not included, the document could be invalidated.
- Some states may allow wills that are handwritten and not signed by witnesses. However, these documents are easily challenged and should not be considered by those who are hoping to protect their loved ones after they pass on.
- Sometimes, individuals will choose to create a second, newer will. In this case, the original document will be voided. However, the older will may not be voided immediately after the new one is drafted and signed. This is especially true for those documents that were not dated properly. When this is the case, the newer will can be challenged and the old, original one may be pulled into question.
If you would like to learn more about challenging a will, check back with our previous blog. Our wills lawyer in Cary NC has more information available for you to read there. Also be sure to contact our wills lawyer if you have any questions. We are here to help you create an estate plan that is valid and will hold up in court in the event that you pass on.
Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our wills lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.
As always, feel free to contact us at our office to schedule a consultation if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting, and more.