When you read a loved one’s will, you expect it to give clear instructions. What can you do, though, if you are not sure the will is valid? Contesting the will in court could provide you with answers.
Why can you challenge a will?
There are several reasons why you might doubt if a will is valid. Here are some common reasons people challenge a will:
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- The person writing the will did not have testamentary capacity: The person creating a will needs to know what they own, what it means to make a will and how their choices affect others. If they did not understand these things, the will might not be valid.
- Someone had undue influence over the person writing the will: The will should come from the person’s own free choice. If someone else pressured or tricked them into making the will a certain way, you might have a reason to challenge it.
- The will does not meet the legal requirements: Arkansas law has specific rules about how to properly create a will, and wills that do not meet these requirements are not valid. For example, if the will does not have the right number of witness signatures, it might not be valid.
- The will is a fraud or forgery: If someone forged the will or made it under false pretenses, you can challenge the document’s validity.
- There is a more recent will: A more recent will can cancel out an older one.
No matter the reason, you need strong proof to challenge a will. This evidence must show that the will doesn’t really reflect what the person wanted or didn’t follow the law.
Who can challenge a will?
In Arkansas, you must be an “interested party” to challenge a will. This includes people named in the will, those who would inherit if there was no will or if there was an older will and sometimes creditors.
How can you challenge a will?
To start challenging a will, you file a petition in the probate court where the will was submitted. You need to act quickly because there are deadlines. The court will then look at the evidence, listen to different sides and decide if the will is valid.
Concerns about whether the will used in probate is valid can create additional stress and uncertainty after the loss of a loved one. Thankfully, contesting the will can uphold your loved one’s wishes and protect the rights everyone involved.