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Reasons why your will could be contested

Making plans for the future with an estate plan is a wise move for any person with assets, loved ones or wishes they would like to protect. However, these plans are only as solid as the documents that protect them. If your will or other documents are lacking, or called into question, there is a risk that they could be deemed invalid.

If this happens, there is no guarantee that your wishes and plans will be followed. This is why you will want to be sure that estate planning documents like your will are properly drafted and enforceable. In order to do this, you should be aware of the common reasons why a will can be contested.

  • The will is outdated and longer reflective of the financial or familial status
  • The will is incomplete
  • The will is not legally valid
  • The will is not dated
  • The will was created at a time when a person was mentally incapacitated or compromised
  • The will contains illegal clauses
  • The will includes unenforceable clauses
  • There is more than one will
  • The will is inaccessible
  • The will was signed, but not in front of any witnesses
  • The will appears to be forged or fake

These are just some of the most common reasons cited in will contests, though many of them are fairly easy to avoid. Keeping these in mind can help you sidestep some of the pitfalls and errors that could leave your will vulnerable to challenges.

You can also work with an attorney who understands estate planning tools and laws and can help you create the plan that suits you best. Making every effort to effectively protect your assets and wishes can provide great relief to you and your loved ones down the road.

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Law Office of Jeffrey B. Pape, P.C.
642 Pollasky Avenue
Suite 100
Clovis, CA 93612

Toll Free: 800-797-5677
Fax: 559-299-0920
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