When a loved one passes away, their last will and testament often outlines the distribution of their estate among heirs and beneficiaries. However, in some cases, their loved one may wonder whether the will actually reflects the wishes of the person who passed away. In some specific circumstances, they may be able to take legal action. Why might you challenge a will?
1. Lack of testamentary capacity
A common reason to challenge a will is to say that the person who made the will (the testator) did not understand what they were doing when they made it. In Oklahoma, the testator needs to know what they own, that they are making a will and the effect of their choices. If someone can show that the testator had dementia, was under the influence of drugs or alcohol or had other mental issues, the will might not be valid.
2. Undue influence
Another reason to challenge a will is undue influence. This happens when someone forces or tricks the testator into making decisions in the will that they would not have made on their own. This kind of influence must be so strong that it takes away the testator’s free will. Proving undue influence can be challenging and often requires a lot of evidence.
3. Improper execution
For a will to be valid in Oklahoma, it must follow certain rules. In most cases, it must be written down, signed by the testator and signed by at least two witnesses. While oral wills or wills without witnesses’ signatures may be valid under Oklahoma law, these wills must also meet specific requirements.
4. Fraud or forgery
Fraud happens when the testator is tricked into signing a will without knowing it’s a will or being lied to about what’s in it. Forgery means changing the will without the testator knowing or making up a fake document. Both of these can make a will invalid.
5. Existence of a later will
Sometimes, the person who passed away left more than one will. If there is a newer will that changes or cancels the older one, the new will usually is more important. Challenging the old will because there is a newer, valid one is a clear reason to question the original document. The new will must also meet the legal requirements for a valid will. If it is, it can replace the old will, showing what the person who died most recently wanted.
No matter the reason, contesting a will demands careful legal scrutiny and evidence. With skilled legal guidance and strong evidence, it is possible to ensure that the true intentions of the deceased are honored and that the distribution of the estate is fair.