On what grounds can my WILL be challenged?

 

Creating a will is a vital step in securing your legacy and ensuring your assets are distributed according to your wishes. However, it's important to be aware of potential pitfalls and disputes that can arise after your passing. Here, we break down some key aspects of contestable wills in a simple and engaging way:

Grounds for Contest: Wills can be contested for various reasons, and the most common grounds include alleged alterations to the will, forged signatures, or improper execution with regards to witness requirements. Additionally, claims might revolve around your mental capacity at the time of creating the will or whether undue influence played a role in your decisions.

Avoiding Ambiguity: Ambiguity or significant omissions in your will can create confusion among your beneficiaries and increase the chances of disputes. To minimize this risk, it's advisable to be explicit in your will, especially if you intend to exclude your spouse or any of your children. Clearly stating your reasons for such exclusions can significantly reduce the likelihood of a successful challenge.

Certifying Mental Capacity: If you're creating your will in circumstances where your mental fitness might be questioned, consider taking a proactive step. Ask your doctor to examine you and provide a certification of your sound mind. This certification can be pivotal if a challenge arises, as your doctor may be required to testify about your mental capacity at the time of will creation.

In the complex world of wills and testaments, it's essential to strive for clarity and anticipate potential disputes. Taking these precautions can help safeguard your final wishes and minimize the chances of your will being contested successfully.