Many families get divided over wills. Are you wondering if your will is genuine? The following paper will discuss the grounds upon which a will is disputed.

Mental Capacity

A valid will that is beyond dispute should be made by a person who has testamentary capacity. This means that the one writing the will should have enough mental competence or sound mind, understanding and memory. Mental incapacity may arise due to mental disability; however, the fact that one is mentally ill is not enough to render them mentally incompetent. A medical practitioner helps ascertain if a person has testamentary capacity. The court also takes into account non-medical evidence like previous wills and the person's relationship with their friends and family. If it is found that the person writing the will (testator) had no testamentary capacity, the will is declared invalid.

Undue Influence

A testator should write a will voluntarily. If a person is coerced or compelled into drafting a will, then it is declared invalid. Such a will is said to have been written under duress or undue influence. A will that is disputed due to undue influence requires clear evidence showing the undue influence.

Invalid Procedure

Many wills are disputed on the grounds of procedural validity. A valid will should be based on the recommendations of a particular jurisdiction's law on wills. In most jurisdictions, a will has to be in writing and in the presence of two witnesses who should also sign it, and the witness(s) should not be a beneficiary, or he/she will lose their right to the inheritance. Wills should also be drafted by a person who is above the age of 18 years. Many will disputes occur due to wills that are made at home and that have not been correctly prepared.

Lack of Approval and Knowledge

Some disputed wills arise because the testator is said not to have known nor approved the contents in the will. Such disputes arise when a beneficiary is involved in preparing the will, and it is doubtful whether the testator knew or approved the will he/she was executing.

Fraud

If a person is tricked or conned into passing a will, then it is not regarded as valid. This type of dispute arises in different forms, for example, a situation where a person impersonates the testator and calls in a lawyer to finalize the will.

In conclusion, for a will to be successfully disputed, it has to have been written by a testator who is mentally incompetent and who was under duress during that particular time. Furthermore, a will that has not been written according to the appropriate legal procedure or where the testator has no knowledge or approval or one written out of fraud can also be contested.