Can You Challenge the Will of a Family Member?

Though it may be rare, it is possible for a will to be challenged. A will is considered the last testament of someone who has passed on. In most cases, the court follows their wishes strictly, even if someone decides to contest it. You might believe that your will is safe from being challenged or contested. However, it is possible that a family member may choose to challenge your wishes after you’ve passed.

It’s important to understand that even though your will could be contested, it doesn’t mean that the court will rule in the favor of the contestor. Working with a lawyer can help you ensure your will is safe. Call our office today to learn more about how we can help you.

Even if it may not happen often, wills can be challenged. Below, you will find several reasons why this could be the case.

  • If someone who is mentally incapacitated creates or makes changes to their estate plan, it is possible to deem the will invalid. A person can be deemed mentally incapacitated for a number of reasons including lacking mental clarity due to illness or old age, inability to make reasonable and logical decisions, or being under the influence of drugs or alcohol.
  • Before the will can be challenged, the contesting individual should be able to offer proof that the testator was mentally incapacitated. Though this can be difficult, it is possible to gather proof to use in court.
  • In some cases, undue influence can be an issue. This is when an individual influences the testator to change their estate plan to benefit them over others. This can happen to anyone, even those who are in a sound state of mind. Elderly people are often very trusting and that can make them vulnerable. They may be willing to believe that those who have suggested changes to their will have good intentions.

If you like to talk more about challenging a will, be sure to stay tuned. We will have more information available for you in our next blog post. Also be sure to contact our probate 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.

Klish and Eldreth PLLC | Probate Lawyer in Cary NC

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 probate 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.

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