When you create a Will during estate planning, you may be wondering if your beneficiaries or heirs will be able to contest that Will once you are deceased. In most cases, if your estate planning attorney plans out your Will correctly, the answer will be no. There are, however, instances in which a Will can be contested by heirs or beneficiaries, especially if the estate planning is not done correctly.
Contesting a Will in Essex Junction
Was the Will Created Correctly?
The execution of the Will or how the Will was created during estate planning can impact whether or not your Will can be contested in the courts later. If your Will is missing the correct number of witnesses or if your Will does not have the right wording, beneficiaries and heirs can contest it in court.
Was the Will a Result of Forgery or Fraud?
If an heir or beneficiary feels that your Will was the result of forgery or fraud, he or she can rightfully contest that Will in court. Instances of forgery can include witness signatures, your own signature, etc. Fraudulent Wills are typically done without your knowledge or changed by an estate planning attorney without your knowledge. Though this is a common reason for contesting a Will, it rarely occurs.
Were You Competent at the Time?
There are instances during estate planning in which an individual is considered incapacitated or mentally incompetent. This can apply in temporary and permanent situations, but if the Will was created during this time, beneficiaries can contest the Will in court.
Always consult your Essex Junction estate planning professional while creating your Will and make sure that each estate planning document is carefully planned out so that you and your loved ones can avoid battling out the terms of your Will later.
Ellen LaPlante
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