Will Contests

A Last Will and Testament is a legal document which many people believe is ironclad. However, disputes arise over the legitimacy of a Will. Mark R. Manceri, P.A., represents personal representatives in defending Wills, as well as beneficiaries or other interested persons who feel they were unfairly excluded from or treated unfairly by the terms of a Will and wish to challenge the validity of all or a portion of the Will.

Will contests generally are grounded on one of four claims:

1. Undue Influence

Family, friends, employees and even acquaintances can sometimes influence the drafting of a Will, encouraging the person making the Will to leave them all or most of an estate while excluding legitimate beneficiaries. Wills prepared as a result of improper pressure or coercion can be challenged in Court.

2. Lack of Mental Capacity (Testamentary Capacity)

A common misconception is that a person is mentally incapable of drafting a Will if he or she has a diagnosed mental disorder or is simply too old. A person has the mental capacity to sign a Will if he or she has a general understanding of the assets in the Estate, understands who the beneficiaries are, and has a general knowledge of the effect of the Will. An investigation into medical records and the person’s conduct, as well as witness statements can help prove or defend a claim of incapacity.

3. Interference With Inheritance

A claim of interference alleges someone caused the maker of the Will to exclude a beneficiary who was to be included with a reasonable degree of certainty.

4. Proper Execution

To be valid, a Will must be properly signed by the person making the Will and signed simultaneously by two subscribing witnesses. Although this may sound simple, it is a precise procedure which can be done incorrectly, if attention is not paid to the details.