Introduction to will contesting
When a person dies, their will is usually followed to distribute their estate. Sometimes a will's validity is questioned, requiring legal review.
Understanding undue influence
When someone puts too much pressure on the testator, the will becomes a document that reflects the influencer's wishes rather than the testator's. Coercion can invalidate a will because it violates the testator's autonomy.
The capacity issue
A will is valid if the testator can understand the nature and consequences of their decisions at the time of its creation. Doubts about a person's ability to make informed decisions can challenge the will's legitimacy.
We use medical records and, where appropriate, a report from the testator's GP to determine capacity.
Fraud and forgery
Forged or fraudulent wills are invalid. Such practices include altering the will without consent or creating a fake document in the testator's name.
Formal will requirements
Validity of a will depends on legal formalities. The will must be written by the testator and witnessed by two non-beneficiaries.
Conflicts of interest
A will's validity is questioned when its drafter or influencer benefits from its provisions. This often leads to disputes over the impartiality of the will's contents.
Disputes over interpretation
Uncertain language in a will can make it difficult to execute the deceased's wishes. Such disputes may require legal intervention to determine the testator's intentions.
Changes and revocation
A testator can revoke their will by destroying it, creating a new one, or marrying, which nullifies it.
Correcting mistakes
Legal correction may be needed if a will misrepresents the testator's intentions. This ensures the will matches the deceased's wishes.
Delays in estate administration
Disputes and delays in estate administration can stress and divide beneficiaries. These delays may be caused by legal issues or will execution issues.
Inheritance Act claims
Family members or dependants may file Inheritance Act claims if they feel underprovided for. Such claims argue the will does not adequately provide for them.
Section 117 of the Succession Act 1965 allows only a child of the testator to apply where the parent has failed in their moral duty to provide for them. A spouse's entitlements are addressed separately under the Act.
Legal advice and support
Challenging a will, especially for undue influence, requires legal expertise and a strategy to prove coercion or manipulation. These complex issues require legal representation to protect the affected parties' rights.
Conclusion
Contesting a will is complicated. To honour the deceased's wishes and prevent undue influence, fraud, or other malpractices, people who suspect foul play or errors in a will should consult a lawyer.
