A valid Will must conform to the requirements set out in the Succession Law Reform Act, Part 1 and the testator must be acting out of his or her own resolve.
Common grounds for challenging a Will:
1. Revocation of the Will
- Another, more recent Will was signed and executed which supersedes the Will in question.
2. Mental Capacity of the Testator
- Testator understand the nature and value of his or her assets and the legal effect of signing a Will.
3. Undue Influence
- Older individuals become more susceptible to influence by others and can be easily manipulated.
- Signs of duress, pressure, threats or verbal abuse may be indications of undue influence.
4. Due Execution
- The Will was not signed in the presence of two witnesses, who were present at the same time.
- The witnesses did not attest and sign the Will that they were present when the Will was signed by the testator.
- One of the witnesses is not eligible to be a witness.
- The witness cannot be located or identified.
- The Will was signed by someone other than the testator, without their knowledge or consent.
- The witnesses signatures are forged or signed by someone who did not actually witness the Will being signed.
6. Knowledge & Approval
- The testator must be aware of the contents of the Will.
- The testator must form a general knowledge of his estate and potential beneficiaries.
- The testator is tricked or induced into signing a Will thinking that is another documents.
- The testator signs a Will based on false promises or representations.
8. Suspicious circumstances
- Can incorporate several of the other grounds enumerated here, but may also arise where the person who helped drafted the will or played an integral role in the decision making process, is also a substantial beneficiary.
- Was the Will professionally drafted or drafted by a non-lawyer?
- Did the testator see a different lawyer from the one he usually used?
Get the advice you need at Nanda & Associate lawyers. We provide the following services
- Estate Administration
- Will drafting
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