What Circumstances Would Cause Someone To Contest A Will?

January 12, 2024    admin
What Circumstances Would Cause Someone To Contest A Will?

Your will should be a mirrored image of your true intentions; therefore, the law recognizes this. If you think that someone’s will has not been involved correctly, that it’s been forged, or that the person making the desire has been pressured or misunderstood the meaning of it, you’ll be entitled to challenge it because it’s invalid.

If you don’t think a will reflects your loved one’s last wishes or have questions about how a will is formed, you’ll want to contest its validity. You’ll need a contested will & probate lawyers Perth help to determine whether parts or the whole will is invalid, and we can assist you thereupon.

Lack of Testamentary Capacity

The MCA uses a 2-stage capacity test:

  • Does the person have a mental or neurological condition, like a disease or substance abuse?
  • Does the condition cause the person to be unable to form a specific decision when needed?

Some people can’t make better decisions, but they do have the power to form others.

Mental capacity also can change over time. For instance, an individual might not be ready to make a particular decision on just one occasion, but they will make an equivalent decision later.

Undue Influence

In estate matters, it’s important to ensure that your will or trust will be valid. However, in some cases, you’ll worry about another person’s influence on you. This is called undue influence, used to challenge the validity of your will or trust.

Unwarranted influence is when someone uses force, coercion, or manipulation to take away your discretion and distribute your assets in a way that’s contrary to your true wishes.

The one that does this usually has much power over you, a caregiver or loved one or an in-depth associate.

Signs that undue influence is happening include sudden changes to your estate plan, excluding close relations from your will or trust, or including beneficiaries who were on the brink of you.

Fraud or Forgery

Wills and probate lawyers in WA can make a spread of selections in these cases, including:

  • recognizing the validity of the desire and ordering the executors to manage the estate consistent with the desire still
  • Deciding to get rid of one or more Executors from the desire or appointing a replacement one
  • Declaring the desire valid, albeit there’s a drag with its validity. This is the perfect case when you should opt for contesting a will after probate.
  • Declaring an existing Will invalid and ordering the estate to be distributed consistent with intestacy rules
  • Deciding to amend the terms of a Will completely

Ambiguity or Unclear Language in the Will

The will must contain the intent and the interests of the testator. The same person gets the mentioned benefit as per the will. Moreover the will should be written in simple and clear language.

When written in unclear language, the entire will needs to be reviewed in order to know about its origin and the beneficiaries involved.

The language in the will must be proper because the stakes are high. The testator can pass his assets to the beneficiaries. The language may not match with the original intent of the will. The court will fail to have a proper interpretation. This complicates the probate procedure. The beneficiaries will be in difficulty when the desire was not fulfilled.

Improper Execution

Lack of proper execution of hand-crafted Wills has been a recurring problem, and it became even more of a drag during the Covid-19 covid-related pandemic.

Covid-related problems have caused many problems because people give instructions and execute wills remotely. It’s normal for people to go to their drafting solicitor at the top of the desire to make sure it’s executed correctly.

However, due to lockdown restrictions during the COVID-19 pandemic, tons of individuals were executing wills reception, using family, friends, and sometimes neighbors as witnesses.

Conclusion

In some cases, conflicts between an executor and a beneficiary could also exist. The beneficiary has certain rights and limitations during this process. The beneficiary has a right to receive the designated inheritance.

Still, they also need to suit the executor’s decisions and abide by the legal limitations that began within the will of the deceased. It is essential to know the rights and limitations of a beneficiary to navigate the executor/beneficiary relationship and ensure that the deceased’s assets are distributed legally and orderly. Consider taking the services from experienced probate lawyers in Perth.

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