Creating a will is one of the most important steps in planning for your future, but even the best-drafted will can sometimes face challenges after you pass away. Unfortunately, will disputes can strain relationships and cause legal headaches for your loved ones. Understanding the reasons your will may be disputed helps you take steps to prevent disputes.
Let’s explore three common reasons why a will may be disputed and how to address them.
1. Questions About the Will’s Validity
One of the most frequent reasons your will may be disputed is when someone questions whether it’s legally valid. For a will to hold up in court in Georgia, it must meet specific legal requirements. Typically, this includes being in writing, being signed by a testator(a person who made a will), being signed in the presence of at least two witnesses, and the testator must be mentally capable at the time of signing. If there’s doubt about whether the testator was of sound mind or aware of what they were doing, the will’s validity could be challenged.
Read More: What Happens if I Don’t Have a Will?
2. Lack of Capacity
Mental capacity is often at the heart of will disputes. If the testator wasn’t fully aware of what they were signing—for example, due to undue influence, dementia,or other medical conditions—concerned family members may contest the will. It’s not uncommon for relatives to challenge a will when they believe the testator was vulnerable or incapable of making informed decisions, especially in the later stages of life.
Claims of Undue Influence
Another common reason wills are disputed is when someone alleges that the testator was under undue influence. This happens when a person exerts pressure or control over the testator to get them to change their will in a way that benefits the influencer. If a caregiver, family member, or close associate manipulated the testator, the will might not reflect the testator’s true intentions.
Evidence of Manipulation
Undue influence claims often surface when a will heavily favors one individual—especially someone closely involved in the testator’s day-to-day life or financial affairs. Beneficiaries may contest the will in court if they suspect coercion or sudden, suspicious changes compromised the testator’s free will.
3. Ambiguous or Confusing Language
The wording of a will matters—a lot. If the language in a will is vague or open to interpretation, it can lead to disagreements among beneficiaries. Disputes can arise when there’s confusion about asset distribution or entitlement to certain possessions. When the language isn’t clear, beneficiaries might have conflicting interpretations of the testator’s wishes, leading to legal battles.
Misunderstandings Among Beneficiaries
When beneficiaries have different interpretations of who should receive what, disputes often arise. These misunderstandings can create friction among family members, leading to drawn-out legal fights as everyone tries to decipher the true intent of the will. Having a clear, well-drafted will can minimize these risks and reduce the chances of conflict.
Avoiding Will Disputes and Securing Your Legacy
No one wants their will to create turmoil for their loved ones, but disputes can happen. If you have concerns about challenges to your will or want an ironclad estate plan, we can help.
Call us today to outline your wishes clearly and make your will stand up to scrutiny, safeguarding your legacy for the people who matter most
