nitive decline or testimonies that describe erratic behaviour at the time of execution. Documented instances of dementia or other mental health conditions frequently serve as the basis for such challenges.A will may be contested for various reasons, reflecting concerns over its validity. Individuals involved in the estate may not agree with the distribution of assets. Disputes can arise from allegations of undue influence, lack of testamentary capacity, or improper execution of the will. These grounds can lead to legal challenges, making the probate process more complex and drawn out.
Another common factor in these disputes is the potential influence of others over the testator’s decisions. Situations involving family members or close associates may lead to allegations of undue influence. Contestants might argue that the will does not reflect the true intentions of the testator but rather those of a dominant party. These allegations complicate the determination of testamentary capacity, as they require careful examination of the relationships between the parties involved and the circumstances surrounding the will’s creation.The process of disputing a will often involves initiating a legal action in court. Claimants must provide evidence supporting their claims against the validity of the document. Th
y of an individual to create a valid will. It requires the testator to understand the nature of the act of making a will, the extent of their assets, and the consequences of their decisions.How can beneficiaries ensure their rights are protected during probate?
Assessing a testator's mental state involves evaluating their cognitive abilities, understanding of the testamentary act, and awareness of their assets and beneficiaries. Professional assessments from mental health experts may also be necessary.What should a beneficiary do if they suspect the will is being mismanaged by the executor?