What Are The Common Legal Requirements to Contest a Will?

A will is a legal document that helps to disperse money as well as assets after an individual has passed away. It is very important to have one whether you have a large or small estate. It makes it much easier for friends and family once the individual has passed on. It also typically avoids attorney fees as well as will and probate court. Although a will is typically non-negotiable and must be followed exactly there are grounds for contesting it. Below are just a few of the most common legal requirements for being allowed to contest one.

The Individual Was Wrongly Influenced

As people age or become sicker their mental as well as their physical state often begins to slip.

They may not be thinking clearly or able to make decisions on their own. When this happens

family plus friends often step in to offer aid. Sometimes those offering aid do not have the

best intentions. They often wrongly influence the individual by pressuring or even threatening

them. Although this can be hard to prove it is grounds for contesting legal documents.

Individual Is Not At A Mental Capacity To Sign

In most States an individual who is signing legal documents must be mentally able to

understand what they are doing. This does vary from state to state plus medical condition

to medical condition. Although this is also hard to prove it is definitely grounds for contesting

someone's legal testament.

It Was Signed Under Fraud

Although this is very hard to prove a testament that was signed under fraudulent terms can
certainly be contested. Often when an individual is sick or old they may not be aware of
everything that is going on. Individuals take advantage of this by forging papers or simply
lying about what the individual is signing.

Documents Did Not Follow State Laws

How a will should be made as well as signed varies from state to state. In some states certain
things are required while in other states things are not required. If the individual signer did not
follow the state laws or have a witness present it is certainly grounds for contesting. This is
often the easiest requirement to prove to the courts when trying to contest legal documents.

Although contesting a legal document may vary from state to state these are just four of the main common requirements for having one contested legally. Simply not agreeing with the outcome is not grounds enough. Speaking with an attorney or a probate court officer is the best way to get direct answers to any questions. Individuals looking to learn more about legal documents can visit Miami Probate. They offer a variety of information on attorneys as well as probate court.