4 Reasons To Challenge A Will – Ask An Auckland Lawyer For Challenging A Will
There are many reasons one may challenge or contest a will. Sooner or later there may come a time when you need to challenge a will. With that said, here are just four reasons to challenge a will.
- Lack Of Valid Execution- Lack of valid execution means that a will is not valid due to various reasons, such as the testator did not sign the will or signed by an authorized person in the presence of the testator. It must look like the testator intended to give effect to the will because if it doesn’t appear that the testator didn’t intend to do this, then the will might be considered invalid. Keep in mind these are only a few examples of what can make a will invalid.
- Lack Of Testamentary From Testator- A testator has to be of sound mind or else the will can be contested. For example, the testator must understand that they are actually creating a will and what is in it, as well as the value and nature of their estate. They also need to understand the consequences of excluding and including people in the will, and they cannot be suffering from disorders that affect the mind, if those disorders can influence their thoughts and views. If a person is not capable of knowing what is in their will or the effect of the will, then you can challenge it.
- Under The Influence- If the testator was under the influence of another person when they created and signed the will, this may be good enough reason to contest it. Testators are prone to be influenced by others if they are physically and mentally weak, which happens as people age. Proving this can be difficult.
The reason why it can be difficult proving this is because mere threats and nagging usually doesn’t constitute as a person being influenced. However, if the testator becomes isolated from their friends and family and the original will is kept in one person’s possession, then this may be considered proof. If you suspect the testator is being influenced by another person, then contact an attorney.
- The Was Fraudulent Or Forged- If you suspect a will was forged or that fraud took place, then you can challenge it. A good example of this is if someone you know prepares a will for a relative of yours, but that person forges your relative’s signature so that the person receives your relative’s estate when they pass away. This would be considered a forged will.
An example of fraud is the testator being tricked into signing a will. This is just one example of fraud. If you suspect fraudulent activity, then it is important to seek legal help as soon as possible.
Those are four common reasons to challenge a will. If you would like to challenge a will, then it’s wise to hire an Auckland lawyer that has plenty of experience. They will aid you and help you with the process of challenging a will. The sooner you contact a lawyer, the sooner the process can begin, if the lawyer deems there is good enough reason to challenge the will in question.
If you feel that a relative’s will has not treated you as you expect, or were promised, contact McVeagh Fleming in Auckland or Albany for their expert advice.