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Wills Contests Contesting a Will Testator Lacked Mental Capacity Often, a person who has signed a will lacks the mental capacity necessary to create a valid will. For example, the person making the will suffers from a disease or condition that impairs his/her memory. An impaired memory could affect a person's awareness of the size of his/her estate and/or the identity of his/her natural heirs. Testator Under Undue Influence Perhaps the most common grounds for challenging a will, "undue Influence" generally means that the person making the will was subjected to the improper influence of a third party. For example, a child may have unduly influenced a parent to leave a disproportionately large share of the estate to that child. Another example is where the signer of the will has remarried and is unduly influenced to disinherit, in whole or in part, his/her children. Or the opposite may have occurred: the spouse may have been disinherited as a result of the children's undue influence. Other examples of people who might exert undue influence are care-givers, advisors, and friends. Will Did Not Meet Statutory Requirements Each state has specific requirements that apply to the manner in which a will is prepared and signed. For example, many states require that the will be acknowledged in the presence of two (2) witnesses. Some states require three (3) witnesses. The essential question is whether or not the will satisfied the statutory requirements at the time it was signed. If you believe you have been wrongfully deprived of all or a portion of your rightful inheritance because a will did not satisfy statutory requirements, you must act immediately to protect your rights. Please click HERE if you would like us to review your situation. Testator Did Not Sign the Will In all states, the person making a written will (the "Testator") must sign it. Signing a will means signing one's name or making one's mark. If a will is prepared by an attorney but is never signed by the client, the unsigned will is invalid.
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