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FAMILY LAW FOR MEN.
ESTATE PLANNING AND ELDER LAW FOR EVERYONE.

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What are common reasons to contest a will?

| Nov 12, 2020 | Family Law | 0 comments

Alaska residents may need extra legal help when dealing with matters of wills. They are often complex even in the most straightforward of cases. Unfortunately, this means the less straightforward cases are even trickier. 

This is particularly true if something is wrong with the will itself. In these scenarios, you may need to contest the will. But how do you know you have legal grounds to contest? 

Cognitive impairment and will signing

The Balance discusses the legal grounds by which you can contest a will. First is if you believe someone procured the will through fraud. A third party often does this by tricking the testator into signing a will by disguising it as another document. In many cases, they take advantage of cognitive impairment to get away with the deceit. 

There are other forms of manipulation via cognitive impairment, too. One example is undue influence. In this, a third party manipulates the testator through various means to get the end result they want to see. This often involves inclusion in the will, or the exclusion from the will of people the manipulator dislikes. 

Ensure state laws were followed

If you believe the testator was not of sound mind when signing the will, this is also legal grounds to contest. Finally, the testator must have signed the will in compliance with state laws. In Alaska, at least two credible witnesses must watch as the testator signs. Due to the conflict of interest, the witnesses cannot also hold a position as beneficiaries. 

You have the ability to contest the will in question if you have reason to believe any of the above occurred. Talk to a legal team to get an idea of how you should proceed. 

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