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What are the top reasons for challenging a will?

When you create a will, you do so with the idea that it will clearly outline who gets what when you pass on. Unfortunately, it is possible for somebody to challenge your will and complicate the process.

It is not easy to challenge a will and come out on top, but this does not stop many people from trying. There are many reasons for a challenge, including but not limited to:

-- Testamentary capacity. The law states that only adults 18 years and older have the capacity to create a will. Even though adults have testamentary capacity, questions could come into play if this person created or altered his or her will when under the influence of a substance or dealing with dementia or senility.

-- Fraud or forgery. A person can challenge a will if he or she can prove that it was created by fraud or forgery.

-- One will trumps another. It is possible that an executor could attempt to carry out the provisions of an outdated will, as opposed to one that is newer.

When creating a will, it is important to consider everything that could go wrong in the future. This includes a possible will contest.

There are many things you can do to protect against this, such as ensuring that you only create one will and that you do so when you are in clear mind.

It is important to understand the top reason for challenging a will, both when you are creating this legal document and if you are in position to receive assets from a loved one.

Source: FindLaw, "Reasons to Challenge a Will," accessed Feb. 08, 2016

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