When someone writes a will, they have to understand what they are doing. The arrangements that they make should also be their own idea, not something that someone else told them to do. If you think that your loved one’s will was not something that they would have written under normal circumstances, you may be able to challenge it. A Bergen County estate litigation attorney can tell you if you can legally contest a will and what can happen if you are successful.

What is Lack of Capacity?

When someone is making a will, they should understand the worth of their estate, who their heirs are, and what kinds of assets they are agreeing to pass on to them. If they are not of sound mind when making their will, the document should not be considered legally valid.

Someone could lack capacity due to a disease, like dementia. They could also lack capacity temporarily, like when they’re intoxicated. Someone should not try to take advantage in situations like these, but they do.

What is Undue Influence?

This brings us to undue influence. When someone notices that their loved one lacks the capacity to make good decisions about their estates and who gets what kind of inheritance, they might try to take advantage of them. They could convince them to change their will or they might even abuse them or become controlling. A will edited under these kinds of circumstances should not be enforced.

Who Can Contest a Will?

Anyone with a stake in the estate can contact a will. So if you are named in the will and receive less of an inheritance than you suspected, you can legally challenge the will. You can also contest it if you are someone who thought they would get an inheritance but didn’t. A son or daughter of the deceased is a good example of this because most people would expect parents to leave their children something.

What Kind of Evidence Can Help Me Contest a Will?

Some things that can help you with your case include:

  • Older copies of a will that had dramatically different terms than the current one
  • Medical records indicating that your loved one lacked capacity to make their own estate plan
  • Evidence that the person benefiting greatly from this new will had some kind of undue influence or control over your loved one

If you are successful, the will can be invalidated. At that point, a previous copy of the will could be used or the state would have assets distributed in accordance with the state’s intestacy rules.

Meet With an Estate Planning Lawyer

If you think that you need to contest a will, don’t go it alone. Contact the Law Offices of Colin M. Quinn and schedule a consultation. We can tell you more about how our lawyers can be of assistance.