October 5, 2023

Whenever a will-maker passes away, their will is usually granted the majority of the time without being questioned since the court perceives that situation in a manner where no one is the will-maker to defend it. So the court does as described by the will-maker. 

If you need to learn more about how your wills may or may not be challenged, you must reach out to the Boca Raton Estate Planning Attorney. They will assist in all ways explaining to you what situations are that your will can be challenged or revoked by the court. Moreover, they can help you write down your will so that no one in the future can question its integrity.

Here is some situation in which your will can be challenged:

  • Lack of Will-makers capacity.

To practice and preach the law, one must be more than 18 years and older. Adults are considered to have testamentary capacities. The will can only be challenged based on insanity, Delima, or any relevant situations. So until the will-maker was diagnosed with a mental disability, the will can be rejected by the court.

  • Under the influence of drugs

Your will can be challenged by the court if your prosecutor proves that you were under the influence while making that decision. The term ‘under the influence’ here signifies that you were made vulnerable and forced to make that decision. 

  • Not following the guided measure while writing the will.

A court can challenge your will if you did not follow the correct measure while writing your will. If you did not have two witnesses present at the moment of signing the will, then, in that case, your will can be challenged by the court.

  • Lack of valedictory intention

Your will can be challenged if you do not have a clear intention to make the plea. The court very rarely uses this particular instance. So while making or writing, you will ensure that you have a clear intent and reason behind that. Your attorney will be the one that would help you in making a clear and intentional choice.

Irrespective of what the situation might be with you. You must ensure that you have checked and discussed your will with your estate planning attorney and have made a clear call to action for it. You might be dealing with a different situation, but getting a skilled attorney can not only provide satisfaction about your assets being driven down according to your own will.