Incidences in Which a Written Will Can Be Contested

Writing a will is one way of ensuring that assets are properly distributed to the right beneficiaries. However, a will can be contested if there is a genuine reason to do so. A recent estimation showed that most of the wills that go through a probate sail through without any problem. A beneficiary can challenge a will in court if it didn’t meet or fulfill some expected legal requirements. In this case, the person meant to benefit from the will may not succeed in trying to throw out the case without the help of an estate lawyer Hamilton has today. Reasons for this would include:


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Mental state


It must be proven that the writer of the will was in sound mind when they were writing it. Dealing with the question of mental capacity is something that is sometimes hard to resolve in court if there is no tangible or reliable evidence available. However, the court expects the one who wrote the will to have known what a will is and its importance. Moreover, the court expects the writer of the will to have known what they own and who should get what. Contesting a will would be an uphill task if an estate lawyer Hamilton has today is not contacted.


Undue influence or fraud


The court could also declare the will invalid if it establishes that the process followed when writing it was not lawful. Some people are known to fake wills or procure them by forgery or fraud. Anything like this is said to be under “undue influence.” This can happen if the one writing the will happens to occupy the place or position of a trust. In this case, a vulnerable person is manipulated to leave most or all of the property. Determining who the genuine beneficiary and writer of the will is never easy without the help of a competent lawyer in Hamilton or the one near you.


Will’s content


It is good to know what makes a will a valid document. Most countries have rules that govern what a will should minimally contain. The document is expected to express confirmation of the person who wrote it. The will should also indicate the beneficiary and the guardian who should preserve the asset for the minor child. With the help of a Hamilton lawyer, the writer of the will can appoint an executor who would execute whatever is written in the will when time comes.




Writing a will is one thing and signing it is another thing. Whether the will is computer-printed or typed, two adult witnesses should be present when the will is signed. In most cases, those listed as beneficiaries should not be witnesses. However, those termed as witnesses should be people of sound mind and trustworthy. In some cases, the best lawyer in Hamilton would assess the witnesses to be sure they meet all the requirements of being a witness in matters of a will.


You can contest anything else in the court and find the process easy. However, contesting a written will has been a daunting task all through especially to those who don’t hire an experienced lawyer Hamilton has today. A lawyer in any case may increase your chances of a positive outcome.

Post Author: Alice

Based in California. Half gamer and wine drinker.

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