What Factors Are At Play When Contesting A Will?

Most people contesting a will file charges based on undue influence or lack of testamentary capacity. Both charges can be challenging to prove unless you’ve got experienced researchers, investigators and attorneys working on your case.

• Undue Influence: Undue influence occurs when somebody helping another person with their estate planning influences the allocation and distribution of assets in a way that benefits them. Here are some examples of how these situations frequently present themselves:
  • Relationships With Skewed Power Dynamics: If there was a confidential or fiduciary relationship (like a Power of Attorney) between the two parties, undue influence might have been at play.
  • Compromised Mental Capacity: Undue influence can occur when an individual who created their will was experiencing mental challenges during that time period.
  • A Prior Will: A previous will can be used to challenge a new will if that first will shows different plans for the distribution of assets.
• Lack of Testamentary Capacity: If a person has experienced cognitive impairment while crafting their will and testament, a court can determine they were not of right mind and invalidate their will. Here are some examples of how this situation can present itself:
  • Substance Misuse: If the individual was under the influence of alcohol, drugs or powerful medications when they wrote their will, a court could determine they lacked testamentary capacity.
  • Mental Illness: A documented mental illness can be a cause to invalidate a will if the illness could cause cognitive impairment.
  • Medical Complications: Medical conditions like Alzheimer’s, dementia, brain injuries, etc. can be factors that a judge considers when determining testamentary capacity.