When it comes to estate planning, one of the most critical documents is the will. It outlines the wishes of the deceased regarding the distribution of their assets and can help avoid potential disputes among beneficiaries. However, even with a will in place, disputes can still arise, and beneficiaries might want to contest the will if they believe there are valid grounds to do so
Understanding the Grounds for Contesting a Will
Generally, a will can be contested on several bases:
a) LACK OF TESTAMENTARY CAPACITY – The person who made the will must have been of sound mind at the time the will was created. This means they understood the nature of the will, the extent of the assets they were distributing, and the identity of those who would naturally expect to benefit from the will.
b) UNDUE INFLUENCE OR COERCION – The will must be made free of any undue influence, coercion, or manipulation from others. If it can be proven that the testator was pressured into making decisions in the will that they would not have otherwise made, the will may be deemed invalid.
c) FRAUD OR FORGERY – If there is evidence to suggest that the will has been fraudulently altered, or if it’s a forgery, it can be contested.
d) IMPROPER EXECUTION – If the legal formalities prescribed in the Wills Act are not strictly followed. In most cases the will in such circumstances is not accepted by the Master as a valid will.
e) EXISTENCE OF A MORE RECENT WILL – If there is a more recent will that has been located, and it is substantively different from the older will, the new will could supersede the older document, providing it was validly executed.
Things to consider before Contesting a Will
It is important for beneficiaries who consider contesting a will to take note that this is in most instances a lengthy and costly process. It requires sufficient evidence to support the claim, and the outcome is uncertain. The courts will closely scrutinize the evidence presented to decide whether the will reflects the true intent of the testator. Contesting a will can have profound implications, not just legally and financially, but emotionally as well. It can lead to family disputes and long-standing divisions among loved ones. Therefore, it’s advisable for beneficiaries to consider the potential fallout before proceeding.