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Challenging the Validity of a Will

“Can I challenge the validity of a will?”

In this economy, individuals are becoming even more reliant on the estates of their family members for financial support in retirement. It is devastating to lose a family member and this devastation can become worse if the “retirement plan” or financial support an individual was counting on from a will is actually non-existent. Depending on the circumstances, there may be options to challenge the validity of a will.

Some examples include:

  1. Capacity: the will maker did not have capacity or suffered from a mental illness that prevented the individual from appreciating or knowing what he/she was signing and what terms he/she was agreeing to.
  2. Undue influence: the will maker was pressured by another to change his/her will or create a will. This may be of particular concern in the event that a will is changed shortly before death or is very different from the intentions of the will
  3. Forgery/fraud: the will was falsified or the signature was forged.

If you are concerned about the validity of a will or feel that you have been wrongfully left out of an estate, you should speak with a lawyer who has expertise in estate litigation as there may be remedies to challenge the will. Contact us online for a free legal consultation or by phone at 1-800-563-6348 to speak directly with a Ferguson lawyer.

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