Beneficiaries to a will can dispute its validity after the testator has passed on. Family members of the deceased can advance a legal argument that they received less of the deceased’s assets than what was equitable or that the intentions in the will document were not the true expressions of the deceased.
The will dispute lawyers at Richmond’s PLLR Lawyers represent clients who seek to dispute or defend a will.
Grounds For Disputing A Will
The will document may be challenged on a number of grounds. Depending on the objectives and circumstances of the client, a number of legal arguments may be advanced regarding:
- Will deficiency: The will must meet certain requirements according to legislation, including proper signatures. If these formal requirements are lacking, the will may be declared invalid.
- Disinheritance: A testator’s spouse or child can ask a court to change the distribution of assets in a will if the portion of the estate he or she received was not equitable. In this case, the will remains intact except for what the court decides to vary.
- Property claims: During his or her lifetime, a person may transfer an asset to a family member with the intent that the recipient distribute the asset to all beneficiaries upon his or her death. If the intention is not made clear, there may be a dispute as to whether the transfer was a gift to this one person or whether it was to be held in trust for other people.
- Forgery of will document: A document may be forged and a court may declare it invalid upon presentation of evidence.
- Undue influence: A testator may create a will document but do so under pressure from certain people to distribute the assets in a certain way. This pressure may be unlawful, and the will may be thrown out on this basis.
- Incapacity: A testator may create a new will when he or she lacked the mental capacity to understand the purpose and effect of the document. A will drafted in this situation may also be declared invalid.
PLLR Lawyers represents clients in will dispute claims. Whether your intent is to have a will varied or thrown out, or you wish to defend a will as valid, firm counsel can provide you with the advice and representation you require.