Why Might a Will Be Contested?

A will is a legal document that has to be written as such. That means it has to be written in a way that makes it legally binding. It also means that it has to be written by a person who is capable of writing a will. Therefore, two of the most common reasons that a will might be contested are the way in which the will is written and the person who wrote it. There are some acrimonious disputes over the contents of a will; there are also some that are generally good-natured, but they still have to be dealt with. Whichever might be the case, you need lawyers to help you with the different tenets of the will.


One of the most common reasons why a will is contested is an oversight. That could mean someone is accidentally left out of the will, or the will is not updated to include someone. There are legal requirements or contexts. For example, dependents have to be covered to some extent by the will as written; you cannot simply write out your dependents to fend for themselves. Therefore, if dependents are not included in the will, someone might hire contesting a will lawyers to argue that the will is not completely valid. It might simply be an accident.

For example, if you have a written will but then someone in your family gets married or has a child, their personal situation will change dramatically. A child could even be classified as another one of your dependents. However, if you do not update your will, it will not include that new person or that new situation. That’s simply an accidental oversight that needs to be addressed right away. If you don’t address it before the will becomes active, it will need to be contested by your family.

Improper Drafting

There is also the issue of the drafting of the will itself. The will is a legally binding document that has to be written as such. For example, if you are signing a contract or selling an item, you have to be of sound mind and body to create a legally binding document. Such a requirement means that if you are not of sound mind and body, you cannot properly draft a legal document. If you are in the presence of an attorney for the entire drafting of the will, they might be able to walk you through it so you can produce a legally binding document. However, it is sometimes questionable. That’s just one of the grounds on which someone might contest a will.

There are several other grounds on which someone might contest a will. They might contest it based on the distribution of property or debts. They also might contest it if there is more than one will. Whatever the case may be, a good lawyer is crucial.

Related Articles