When a will is created, it is with the intention of ensuring that the days and weeks that follow a death are made a great deal simpler for the testator’s remaining family, and that any final wishes can and will be met in the testator’s absence.
To that end, it always comes as a great relief to close friends and families when it is made known that a will has been made. Rather than feeling confused and overwhelmed by the task of sorting through someone’s life, they can take a more methodical approach to meeting the deceased’s wishes, and ensuring that all valuable or sentimental assets are properly accounted for.
Unfortunately, however, it is not always so simple. Mistakes, glaring omissions, inconsistencies or suspicious activity within the will can all mean that a family must go about the process of challenging a will. This is often a difficult and emotionally troubling process, particularly when a family is still in the early stages of grief, but it is an unavoidable outcome for those who feel that the true feelings of the testator have not been realised within the will.
Here are the reasons why a will may be contested, and deemed invalid.
Fraud or Forgery
There may be signs suggesting that another party interfered with the will – perhaps that they added in a new section on the testator’s behalf, for instance. The handwriting may change, or the signature itself. If this is found to be the case, then the validity of the entire will must be called into question.
Force (Undue Influence)
In a similar vein, it may be clear that the testator was forced into making amendments that favoured or included one party more than the testator may have wanted. This is much more common in cases where the testator was left alone with one other party during the creation of the will – for instance, if they have offered to help with creating a DIY will at home.
Insufficient Mental Capacity
Perhaps, towards the end of their life – or, at least, at the time they created the will – the testator was no longer of sound enough mind to understand or fully consider the contents of their will. This is also known as ‘lack of testamentary capacity’, and is taken very seriously within the courts.
Clerical Errors
By now, it should be clear that ensuring the fairness and validity of a will is taken incredibly seriously, which is why even minor clerical errors – particularly those that pertain to the signing and witnessing of these documents – can cast doubt over the will’s validity.
Working with an experienced lawyer is crucial. DIY will packs offer speed and cost-efficiency, but these two factors are not worth the trials and tribulations of contesting a will after the passing of a loved one – something which is all too common when a will is not created under expert guidance. However, it is important to note that, just because a will was written by a solicitor it does not mean there is not undue influence or lack of capacity.
Remember, of course, that only those with a specific, vested interest in the will hold the right to contest it. Spouses of cohabiting partners, children, or someone who has been mentioned within the document by the testator can, if necessary, challenge its contents.