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Understanding the grounds on which a will can be challenged

On Behalf of | Feb 4, 2021 | Estate Planning |

Most individuals in Louisiana and elsewhere may feel that dealing with the passing of a loved one can be difficult enough as is. However, should any unexpected surprises arise when it comes time to manage the affairs of the deceased, the situation could leave family members in search of answers. Those who wish to question the validity of estate planning documents, such as a will, may find it helpful to know the grounds on which a will can be challenged.

There may be various circumstances in which a person might feel it necessary to challenge the terms of a will. For instance, one could argue that the testator was subjected to undue influence, as the presence of such behavior may have caused this person to feel pressured into making decisions based on the interests of another party. In some cases, one may also feel that the testator simply lacked the capacity to fully understand the process prior to creating a will, such as scenarios in which this person suffered from a medical condition such as dementia.

Those who have concerns over the possible presence of fraud or forgery may also feel it necessary to challenge the validity of a will. Circumstances involving the presence of more than one will could also prompt questions concerning the validity of each, in turn. While, in many cases, the newer document may take precedence over the former, what happens if the more recent document is created at a later stage in life in which one is no longer capable of making decisions on his or her own?

While understanding the grounds on which a person might contest a will can be vital, it may also be necessary to seek insight on whether to move forward with the process. Those who face a similar situation and wish to fully understand their options and what to expect from the process could benefit from speaking with an attorney prior to choosing a path. An attorney can advise a client in Louisiana in making informed choices and, if necessary, assist him or her in preparing to navigate the subsequent process.