An overview on challenging a will

A will refers to a document which gives instructions regarding how a person’s assets are to be distributed after his death to ensure that possessions will be distributed according to the deceased’s wishes. Although this may seem to be an easy way of preventing disputes after one’s death, it is not always the case as it is common to see people challenging a will, particularly if they feel that the will is not favourable to them. 

Legal grounds for challenging a will

Prior to challenging a will, there are multiple factors that need to be considered in order to make sure that the challenge of will is even feasible. One of the common cause of dispute is when there is contradiction to the wording and meaning of the will. If there is an uncertainty in the wording of the will, an application can be made to have the court decide what the deceased really meant at the time when will was written.

If it can be shown that the terms of the will were unfair, the court may change the will or the distribution of the estate that is under claim. This is probably the most common challenge, and comparatively simpers to prove. Inheritance Dispute Lawyers can help in this regard. 

Less common grounds for challenging a will include proving that the deceased was under undue influence at the time of writing the will or by being able to show that the deceased did not have testamentary capacity. Both these challenges are little difficult to prove and need to be supported with medical or factual evidences to satisfy the court. Just because a person is quite old doesn’t mean they can’t write a will. 

Time limits

There are certain time limits that do apply when contesting a claim. The best course is to seek assistance as soon as possible after the person has died, to make sure that you avoid any kind of problems.