Challenging a will is a legal process where an individual disputes the validity of a deceased person’s will. This typically occurs when someone believes that the will does not reflect the true intentions of the deceased or was executed under duress, fraud, or incapacity.
Grounds for Challenging
The grounds for challenging a will can vary, but commonly include claims of undue influence, lack of testamentary capacity, or improper execution. Undue influence occurs when the deceased was coerced or manipulated into creating or altering their will against their true wishes. Lack of testamentary capacity refers to the deceased’s inability to understand the consequences of making a will due to factors like mental illness or senility. Improper execution claims arise when the will does not meet legal formalities required by state law.
Legal Procedures
To challenge a will, interested parties typically file a petition with the probate court. This initiates a legal process where evidence must be presented to support the claims made against the will. Parties involved may include beneficiaries named in a previous will, heirs-at-law who would inherit under intestacy laws if the will is invalidated, or others with a financial interest.
Successfully challenging a will requires strong evidence and legal expertise. It often involves gathering witness testimony, medical records, and other documentation to substantiate claims of undue influence or lack of testamentary capacity. The outcome of a will challenge can significantly impact inheritance distribution and familial relationships, making it a complex and emotionally charged legal matter.Estate Litigation Lawyers Toronto