A will is a legal document that outlines the testator’s final wishes. It must only outline their final wishes and not the wishes of anyone else.
When the validity of a will is questionable, it can be contested. Here are some of the most common grounds for contesting a will in Kentucky.
Improper execution
Several steps must be followed for a will to be properly executed. For example, the will must be in writing. The testator and two other reliable witnesses must also sign the will.
If any of these signatures are missing, then the will can be challenged. This is also the case if signatures are present but they are suspected of being fraudulent or forged.
Lack of testamentary capacity
A testator must have a testamentary capacity. Firstly, this means they must be mature enough to draft a will. The minimum age limit in Kentucky is at least 18 years old. The testator must also be of sound mind. Mental or physical impairments that prevent the testator from understanding or expressing their true wishes could result in the will being challenged.
The testator must fully understand the terms and consequences of the will.
Undue influence
Unfortunately, money can bring out the worst in people. Distant family members may reappear once they hear that a family member with assets has fallen ill. They may try and assert pressure on the testator to include them in the will. This is called undue influence.
If it is discovered that the testator was taken advantage of, then the will can be challenged in court.
Probate can be a tricky process to navigate. If you wish to contest a will, then it is wise to seek some legal guidance.
