A will is a legal document that expresses the wishes of someone upon their death. It contains names of beneficiaries as well as the executor who will manage the estate until the transfer is complete. A will is considered to be the wish of a person who has passed away, which is why courts are reluctant to make any changes. The person who wrote the will is no longer present to defend its contents, therefore, most wills pass through probate unchanged.
There are certain scenarios under which a person's will may be challenged. The judge has the power to completely invalidate the will or change specific parts, should the challenge be successful. There are certain grounds on which you may challenge a will.
The testamentary capacity of the person who made the will is usually scrutinized. According to the law, only adults aged 18 years or older have the capacity to make their own will. If the will has been made by a minor, it may be challenged in court. In other cases, testamentary capacity may be challenged if an adult suffers from mental disabilities like dementia, insanity or memory loss.
Proving that a will was forged or procured by fraud may also result in changes. Often, people have been manipulated into leaving their property to someone. If a new will is presented in court, the older one might be voided. Sometimes people revoke wills during their lifetime due to unexpected changes. In case one of the wills has not been destroyed, it could be challenged in court. Some attorneys might argue that the contents of the will are not enough to prove that it is indeed valid.
It is advisable to contact a probate litigation attorney if you feel a will is not valid. The attorney will listen to your reservations and try to prove them in court. This may ensure your best possible outcome.