Many people believe leaving behind a will and testament ensures their wishes regarding the distribution of their assets are followed after their death. However, if the will is not properly drafted, attested to, and witnessed, it often cannot hold up in court, leading to will contests and lengthy legal battles.
Types of Contested Wills
There are a variety of reasons a will might be contested. Some of the most common include:
Executor or Administrator of the Estate – Every will appoints an executor or administrator to manage the estate while it awaits distribution to the beneficiaries. If the executor is not qualified or cannot meet the requirements of an executor, beneficiaries and family members may contest the executor’s appointment.
Revocation of the Will – Proper estate planning means many individuals adopt wills long before their passing. While prudent, this can cause problems if the beneficiaries of a will believe a loved one revoked the will before their death. The most common sign a person revoked a will is the adoption of a new will. Whenever there is more than one will in play, disputes are very likely to arise.
Lack of Capacity – Beneficiaries might contest a will if they believe their loved one did not have the capacity to create a will at the time it was executed. Because proper capacity is required for a valid will, an individual who was determined to lack the appropriate mental capacity at the time of execution would automatically have their will nulled.
Undue Influence – There are some instances when beneficiaries may claim their loved one executed a will under the undue influence of another, meaning the loved one did not adopt the will under his or her own free will. If this is the case, then the will is not valid.
How An Experienced Houston Lawyer Can Help
When a will is contested, it can easily lead to an emotionally charged and lengthy legal battle. At Hensley & Krueger, PLLC, our lawyers know you’re going through a difficult time, so we work to protect your best interests and handle your case as efficiently as possible. We can ensure your loved one’s wishes are upheld. Call 713-570-6422 today or email our firm to get started.