Five common reasons for contesting a Will
A Will is one of the most important documents that you will ever sign, as it outlines how assets should be distributed after death. Yet, even a valid Will that has been signed and witnessed correctly can still be contested. Only certain individuals may contest a Will: Spouses, children, or those mentioned in current or previous Wills (if not revoked).
A will might be contested for the following reasons:
1. Not updating a Will after major life events
Life changes (such as marriage, divorce, the birth/adoption of a child, or receiving a significant inheritance) should prompt a Will update. If this is not done, outdated instructions may result in unintended exclusions or benefits. For example, someone might remain listed as a spouse even after a divorce, or new children are not included while still listing parents or siblings as beneficiaries.
2. Failure to revoke previous Wills
Many people draft multiple Wills throughout their lifetime. A new Will should include a clause that explicitly revokes all prior Wills or codicils. If this is not done, older Wills may still hold weight, leading to confusion or conflict. Dating each Will helps to establish which version reflects the deceased’s final wishes.
3. Questionable mental capacity
A Will can be challenged if it appears that the testator was not of sound mind when it was signed. This includes doubts about their mental health or ability to fully understand what they were doing. It is best to draft or revise a Will while in good physical and mental health to avoid future disputes.
4. Fraud or undue influence
If there are signs that a Will was altered without proper procedure, or if someone pressured the testator into making certain decisions, the Will may be deemed invalid. This includes forged signatures, unauthorised changes, or suspiciously large inheritances left to one person who may have manipulated the situation.
5. Illegal or unethical terms
Wills cannot contain clauses that break the law or go against public policy. For instance, instructions that discriminate based on race, gender or religion, or that require illegal actions in exchange for inheritance, will be declared invalid. Conditions, such as refusing inheritance unless someone remains unmarried or completes a specific qualification, may also be contested.
Final thoughts
The best way to prevent disputes is to help clients update their Wills regularly to ensure that this important document is legally binding. Professional guidance goes a long way in avoiding unnecessary heartache and legal battles.
Road Deaths, Wills Drafting and Estate Administration
