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What might motivate a person to contest the validity of a will?

On Behalf of | Aug 21, 2023 | Estate Planning

Managing the estate and affairs of a loved one who has passed on can be stressful, but taking steps to help ensure this party’s interests are preserved can also be comforting. However, while you might hope that the estate administration process will run smoothly, things might not always go according to plan.  

There are various types of issues that may arise during this process, and knowing the challenges you might face could help you prepare to protect your future in Oklahoma. Concerns about the validity of a will may leave you or another party with questions about whether it might be necessary to contest this document.  

Possible concerns 

Since a will can play an integral role in the administration of an estate, ensuring this document reflects your loved one’s interests may be essential. Some scenarios in which it might be necessary to contest the validity of a will might include: 

  • Mental capacity: One of the most common reasons to challenge a will may stem from concerns about whether the testator may have lacked the mental capacity to create the document. 
  • Undue influence: The presence of undue influence may also be a valid reason to contest this document, as pressure and duress could cause a person to make decisions that do not reflect his or her true interests. 
  • Document errors: Questions about the validity of a will could also arise if there are errors in the document or if there are previous wills or existing agreements that conflict with the will’s terms. 
  • Presence of fraud: The presence of fraudulent activity or behavior can also affect the validity of a will. If you suspect fraud, you might have questions about your options and the steps to take to confront the issue. 

Regardless of whether you are the one who wishes to contest the document or you feel that the decision to challenge the will is unjust, facing a similar situation can be a stressful and harrowing process. 

Preparing for the process 

Will contests are a type of dispute that can prove complex in nature, and the presence of such issues may lead to intense levels of conflict among the parties involved. When facing similar challenges, you could find it beneficial to consult with someone with experience in such matters for guidance in evaluating your situation and exploring your available legal avenues. This might play a vital role in helping you prepare a strategy with which to seek a resolution that aligns with your interests and the preferences of your loved one.