Wills are a great way of ensuring your assets are managed as per your exact wishes after you die, providing a clear plan for your estate. However, cases of wills getting contested are not uncommon and they can arise, potentially leading to lengthy legal battles and emotional strain on family members and beneficiaries.
It is important to understand the reasons why your will might get contested, as this knowledge can help you anticipate potential challenges and take steps to minimize the likelihood of disputes arising after your passing.
Ambiguity or fraud
If your will is ambiguous in its language or if there are suspicions of fraud surrounding its creation, it may be contested. Ambiguity can lead to confusion about your intentions, potentially sparking disagreements among your heirs or beneficiaries.
Multiple wills
The presence of another unrevoked will, especially if it conflicts with the one currently being executed, can lead to contestation. If there are multiple versions of your wills, it may create uncertainty about which document accurately reflects your final wishes. This ambiguity can open the door to disputes among beneficiaries or interested parties, as they may argue over which will should take precedence.
Improper execution
Wills are very legal documents, and they must be executed in accordance to specific legal requirements to be considered valid. If your will is not properly signed, witnessed or dated in accordance with specific laws, it may be contested on improper execution grounds. Even a small error in the execution process can potentially invalidate the entire document, leaving your estate subject to intestacy laws or other legal challenges.
When creating your will, it is important to consider seeking legal guidance to help ensure that it is drafted accurately and in compliance with all relevant laws and regulations, thereby minimizing the risk of contestation and ensuring your wishes are upheld after your passing.