Disputes and Legal Challenges
A will can be contested on grounds of: lack of testamentary capacity, undue influence, fraud, improper execution, forgery, or if the testator was not of sound mind.
Only people with legitimate interest in the estate can contest a will - this includes legal heirs, beneficiaries named in previous wills, or those who would inherit under intestate succession.
While there's no specific statutory time limit, it's advisable to contest a will promptly after discovering grounds for dispute to avoid complications or claims of delay.
Evidence may include medical records showing mental incapacity, witness testimonies about undue influence, handwriting analysis for forgery claims, or documentation of the circumstances surrounding will creation.
Yes, unregistered wills can be challenged. However, registered wills are harder to contest due to their verified authenticity and official documentation.
Undue influence occurs when someone pressures, manipulates, or coerces the testator into making a will that doesn't reflect their true wishes, often benefiting the influencer.
To prevent contests: ensure proper execution with witnesses, maintain mental capacity documentation, communicate your intentions clearly, avoid undue influence situations, and consider registering your will.
The court examines evidence, hears testimonies, reviews the will's execution circumstances, and determines whether the will is valid. This process can take months or years.
Generally, each party bears their own legal costs initially. The court may order the losing party to pay costs, or expenses may be paid from the estate.
Yes, many will disputes are resolved through mediation or family settlements without going to court, which can save time, money, and preserve family relationships.
