A will is a document that contains the last wishes of an individual. When someone passes away, oftentimes, there are underlying issues with the will, and these issues will need to be resolved in court. However, many people do not realize that they have grounds for contesting a will in Ridgeland until they are faced with an inheritance dispute. Some of the most common grounds for challenging a will include fraud, duplication, undue influence, and mental capacity.
Contesting a will can be a difficult and expensive process that many people wish to avoid. However, sometimes it’s necessary. People often contest a will due to something as simple as a family member being cut out of the will or not liking how their inheritance was divided up. There are many ways a Ridgeland estate lawyer can help you to contest a will. For instance, if the will was recently created or is not properly executed, then the lawyer may be able to contest it based on those grounds. A lawyer can speak with witnesses who were present when the will was made about what they remember.
Let us now see the most common grounds for contesting a will in Ridgeland.
3 Common Grounds for Contesting a Will
Lack of capacity
Many people are able to make their own decisions, but for those who are not or whose decision-making abilities are limited, the law may provide a will contest. With the rise in the number of dementia and Alzheimer’s cases, it is important to address the legal issues that arise when an individual becomes incapable of making informed decisions regarding their estate because many people rely on a will’s instructions for how they want their assets distributed.
Lack of intent
People challenge a will for various reasons. One of the most common is lack of intent. When someone creates a will, there are certain guidelines they must follow in order to be valid, which include forming an intent to distribute assets to specific people. Without an intention, the will is invalid, and people can contest it.
If a will is contested due to forgery, it is important to determine if the latter was intentional or not. This will entail investigating the family and its dynamics, suspecting any individuals who might be interested in obtaining assets, and determining whether there were suspicions about the deceased’s mental state.