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Are there any good reasons to challenge a will?

When creating a will, you hope to do so in an "iron clad" capacity. You don't want to put your loved ones in a difficult position once you pass on. Instead, you want your will to do its job.

However, there are a few good reasons to challenge a will. There are times when this makes sense. It is never easy to do so, but it is a possibility.

With this in mind, here are some of the reasons to challenge a will:

-- Testamentary capacity. Only adults age 18 or older have the capacity to create a will. Along with this, matters of testamentary capacity are often based on the fact that the person is not mentally stable when creating the will.

-- Fraud and forgery. Are you able to prove that the will was created by fraud or forgery? Undue influence also fits into this category, such as when one party manipulates another into leaving him or her all or some of their property.

Along with the above, it is important to note that a person may create a new will that trumps an old will. This often leads to a will contest.

When creating a will, you never want to think about the fact it could be challenged. This is why you take steps to help prevent this.

If you are in a situation in which you have to challenge a will, it's important to learn more about the process and what it entails. This will help you make the right decisions at the right time, thus avoiding more hassle.

Source: FindLaw, "Reasons to Challenge a Will," accessed April 13, 2016

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