Making a will is essential for ensuring your possessions are distributed according to your intentions when you die. However, even the most carefully crafted wills can be challenged in court, resulting in delays, fees, and family feuds. In this post, we’ll look at some frequent impediments to legal wills and what you may do to avoid them.
Lack of Capacity
A lack of capacity is one of the most general objections to the validity of a will. The testator must have the mental capacity to grasp the nature and extent of their property and the implications of their actions to write a valid will. The will may be contested in court if the testator’s mental ability is questioned.
Undue Influence
Undue influence is another typical objection to the validity of a will. This occurs when someone pressures the testator to make decisions that benefit them rather than representing their genuine preferences. If there is any suspicion of improper influence, the will may be contested in court.
Fraud
A will might also be challenged if it is possible that it was created fraudulently. For example, if an existing will is revised without the testator’s knowledge, the will may be ruled void.
Improper Execution
To be legitimate, a will must be carried out under the legal requirements of the relevant province. This covers witness requirements, signing requirements, and other formalities. If the will was not correctly carried out, it might be contested in court. It is essential that you hire a will and estate lawyer in Ottawa to prepare your will.
Revocation
A will can also be contested if the testator is thought to have revoked it. Revocation occurs when the testator destroys or modifies the will, produces a new one that trumps the old one or takes other measures suggesting a desire to revoke the will.
While writing a will is vital in estate planning, it is critical to be aware of the main barriers to a valid will. You can help ensure that your wishes are carried out, and your loved ones are protected after you die by working with an experienced will and estate lawyer in Ottawa, ensuring that you have the mental capacity to create a will, avoiding undue influence, properly executing the will, and taking steps to prevent revocation.