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Will my Will be contested?

Your Will is not always foolproof. Especially if there are conflicts in your family or you decide to leave certain people out of your Will, such persons may decide to contest your Will.

Basis for contesting Wills

One of the most common ways of contesting Wills is for the person to state that you were incompetent or did not have the mental capacity to execute the Will; that you were not in your right mind when you executed your Will. You may feel that you are competent, have the mental capacity, and that it is your right to give your assets to whomever you please (it IS your right), but this argument can still be made.

It may also be contested on the grounds that people around you were unduly influencing you on what should be in your Will.

How do I ensure that my Will will prevail?

To prevent your Will from being contested based on lack of capacity, it may be prudent for you to get a Contemporaneous Assessment of Mental Capacity at the time you are writing and executing your Will. This assessment assesses your cognitive capacity which is needed when writing your Will.

This step is not mandatory but it is prudent. Getting an assessment at the time of writing your Will makes it much more difficult, if not impossible, for your Will to be contested based on your mental capacity or based on the undue influence of those around you.

If you are interested in this process or have questions on this issue, please schedule an appointment with us and we will be glad to provide you with more information and guide you through the steps of estate planning.