Those who are drawing up an estate plan have absolute freedom. How you would like to bequeath your property is completely up to you. There is nothing legally stopping you from disinheriting someone who may be a close relative.
Given the above there are individuals who feel as though they have been unfairly left out of a last will. They lash out as a response and decide that they’re going to challenge the validity of the will.
This may be understandable, but from a legal perspective you can’t simply say that this person was my father and because of this I cannot be disinherited. To challenge the will you must do so under legally accepted grounds. Feeling as though you were slighted is not one of them.
One of the grounds that the probate court would take seriously is that of fraud. There are cases when someone has been deceived into signing a last will that really did not reflect the testator’s true intentions.
Undue coercion is another valid foundation for a will challenge. If a will was executed only because the individual in question was being pressured or threatened it can be deemed invalid.
Improper execution is another acceptable basis for a will challenge. There are specific laws that must be followed when you are creating a last will, and this is why you may want to steer clear of do-it-yourself last will downloads and worksheets.
The last one of the grounds that we would like to mention is that of incapacity. The testator of the last will must be of sound mind at the time of its execution or the document can be invalidated by the probate court.
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