{"id":241517,"date":"2022-08-05T14:00:44","date_gmt":"2022-08-05T19:00:44","guid":{"rendered":"https:\/\/dooleynoted.com\/?p=241517"},"modified":"2022-08-04T18:32:48","modified_gmt":"2022-08-04T23:32:48","slug":"challenging-a-will-everything-you-need-to-know","status":"publish","type":"post","link":"https:\/\/dooleynoted.com\/challenging-a-will-everything-you-need-to-know\/","title":{"rendered":"Challenging a Will: Everything You Need to Know"},"content":{"rendered":"\n\n[et_pb_section fb_built=”1″ theme_builder_area=”post_content” _builder_version=”4.17.6″ _module_preset=”default” custom_padding=”0px||||false|false” hover_enabled=”0″ sticky_enabled=”0″][et_pb_row _builder_version=”4.17.6″ _module_preset=”default” theme_builder_area=”post_content” custom_padding=”0px||||false|false” hover_enabled=”0″ sticky_enabled=”0″][et_pb_column _builder_version=”4.17.6″ _module_preset=”default” type=”4_4″ theme_builder_area=”post_content”][et_pb_text _builder_version=”4.17.6″ _module_preset=”default” theme_builder_area=”post_content” hover_enabled=”0″ sticky_enabled=”0″]

Challenging a will can happen for a variety of reasons. Someone who believes they should have been a beneficiary might contest a will. However, you may want to protect your loved one’s wishes to ensure you carry out their will according to their plan. Either way, contesting a will or preventing a will from being challenged is a big undertaking, so we want to prepare you with everything you need to know.<\/span><\/p>\n

This article will discuss what it means to contest a will, the common reasons why people challenge a will, and the rules for contesting a will.<\/span><\/p>\n

What Does it Mean to Challenge a Will\u00a0<\/b><\/h2>\n

Challenging a will means that you are contesting the validity of the will. This process requires issuing a formal lawsuit against the deceased individual’s will. Additionally, it requires taking the issue to court for a judge to decide the validity of a will.<\/span><\/p>\n

To contest a will, you must have grounds to do so. Perhaps you believe the person who made the will (the “testator”) was not of sound mind when they created the will. However, there are other reasons why someone may challenge a will.<\/span><\/p>\n

How to Challenge a Will in Court<\/b><\/h2>\n

While only one will in every one hundred is challenged in court, a potential beneficiary might contest the will if the will-maker doesn’t fulfill specific <\/span>legal requirements<\/span><\/a>.<\/span><\/p>\n

Below the article discusses four of the ways to challenge a will in court.<\/span><\/p>\n

Mental Capacity\u00a0<\/b><\/h4>\n

First, for your will to be valid, you must have been of “sound mind” when you made the will. “Sound mind” requires understanding the nature of what you are doing and the consequences of your actions. If someone can show that you did not have this understanding, then your will may be contestable.<\/span><\/p>\n

A court will typically inquire into the mental capacity of the testator by asking whether they understood they were creating a will, as well as specific information like:<\/span><\/p>\n