Who Can Challenge a Will?

The short answer is that anyone can challenge a Will. However, there are requirements to be able to challenge a Will.

The Criteria for Challenging a Will

The minimum requirement is that the challenger has to prove that the Will being challenged was created by a person who was influenced to do so.

Another criteria is that the challenger has to prove that the person who created the Will was in a state of mind in which they were able to be influenced to create the Will.

Why Challenges Are Difficult

These are not easy criteria to meet and can be expensive to pursue. The challenger would have to gather and have a medical expert review the medical records of the deceased.

They must prove that the deceased was either:

• Not competent to make the Will at the time it was made; or

• In a state of mind that they could have been influenced.

If it is established that the maker of the Will was competent and that the Will reflected their true wishes for the distribution of their assets, the challenge will fail.

Can You Disinherit a Challenger?

In drafting a Will, the maker can add a provision that if the Will is challenged, the challenger would be disinherited. However, that provision is not a failsafe.

Work with a Skilled Attorney

Work with a skilled attorney to draft your Will and ensure that the proper steps have been taken to ensure that the maker was competent to make a Will when they signed the document.

Moseman Law Office is here to help.