A will ensures that your wishes are respected after you’re gone and can help minimize disputes among your family members. Unfortunately, seemingly simple problems with your estate plan can open the door to legal challenges that can ruin familial relationships and consume a significant portion of your assets. Below are a few of the most common reasons a will might be challenged in court.

Common Causes of Legal Conflict Over Wills

1. Lack of Intent or Capacity

To prepare an estate plan, an individual must have the mental capacity to understand what they are doing. Unfortunately, family members upset with the provisions in a well often use accusations of mental incapacity as a grounds for legal challenges. Having an estate planning attorney prepare your will minimizes the risk that a beneficiary will file a lawsuit after you’ve passed away.

2. Undue Influence by a Third Party

If a person relies heavily on someone else at the end of their life, changes to the will can be cause for suspicion. Undue influence by a third party is grounds for a legal challenge that could take months or years to resolve.

If you plan on changing your will to benefit someone who is providing the support you need, discuss those decisions with your family members first. Preventing unpleasant surprises can minimize the risk that a beneficiary will decide to contest your will.

3. Fraud

In some cases, someone may claim that the decedent was the victim of fraud that caused them to change their estate plan. They may even state that the will itself is illegitimate, and that previous copies weren’t correctly voided. Having legal counsel while you prepare your estate plan minimizes the appearance of impropriety that can lead to fraud accusations.

4. The Will Doesn’t Meet Legal Requirements

In Ohio, a will must be in physical form and signed by you or someone authorized to sign for you. A valid will also requires the signatures of at least two witnesses, and should include language that clearly revokes older documents.

Missing signatures or an incorrect date can allow your beneficiaries to call the validity of the will into question. When drafting a new will, be sure to closely adhere to the legal requirements of your state and explicitly revoke previous estate plans.

Having an estate planning attorney prepare your will and testament is the best way to minimize conflicts over your assets after you’re gone. Dennis P. Faller, Attorney at Law is committed to providing families throughout Auglaize County with personal attention and legal solutions tailored to your unique situation. Visit their website for more on their estate planning services, or call (419) 738-4578 to schedule a consultation.