Circumstances that may give you reason to contest a will

The death of a loved one is never easy to deal with. The feelings of heartache and confusion may be multiplied if you find out you’ve been left out of your family member’s will, or if other beneficiaries received a disproportionately larger amount than you did. If you find yourself the unfortunate subject of such a slight, you may think about contesting the will. At Ball & Morse, PLLC, we understand how the unfavorable contents of a will might leave some Oklahoma residents feeling shocked and betrayed. We also know the circumstances in which you may be able to contest a will.

This is becoming increasingly common for people across the country. According to AARP, will contests are more frequent now that Baby Boomers’ parents are beginning to pass away. It is not uncommon for these disputes to arise among siblings. Any of the following situations may be grounds to dispute the validity of the decedent’s will:

  • If someone tricked your loved one into signing a will without knowing the contents, this may qualify as fraud. This often happens when the fraudster convinces the signer that the document was a deed or something else other than a will.
  • Undue influence occurs when someone pressures the will writer into changing the terms of his or her will.
  • If a will was improperly prepared or executed under state law, this is known as improper execution and may render the will invalid.
  • If your loved one was mentally incapable of understanding the complexities of writing the will, a case for incapacity may be possible.

Before disputing a will, it is important to consider the potential consequences. Family disputes may result in permanent rifts between loved ones. For more information, visit our page on wills and trusts here.

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