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Dishonest dealings can leave a loved one’s will wanting

On Behalf of | Mar 15, 2020 | Firm News |

Wills aim to leave behind clear instructions to make sure appointees handle affairs appropriately. When things don’t seem to line up, there could be cause for alarm. Once sounded, you may have ways of putting out any fires started by deceptive interference.

35% of people have experienced or know someone who has experienced family fighting due to an incomplete estate plan. When that fighting stems from a will that deviates because of dishonest means, there are avenues available to you for correcting course.

Interesting stance

The first barrier you’ll need to clear is to have some interest in the proceedings. You might be able to proceed if you were a family member, are named in the will or had undeniable ties. If you can meet this standard, then you’ll be looking for a number of scenarios that allow challenges.

Setting it straight

Steadfast wills may not provide any recourse, but there are situations you can seek a fix:

  • Undue influence: An outside force on your loved one may have been the reason for the misguided will. If the influence connects directly with the making of the will, then you may have grounds for contesting.
  • Lack of capacity: A judge may throw out any changes the deceased made after losing their mental ability to make a will legally. The author of the will needs to be able to comprehend their assets and what they’re doing with them.
  • Fraud: Out-right trickery can be a solid reason for fighting a will. If another person changed the will after its original inception or fooled your family member into signing another document, then you could go forward with your case.

Honoring your loved ones may include making sure their wishes go unaltered. If someone was acting against them, you might have an avenue to argue the validity of the instructions they left behind.