#will contest

Telltale Signs of a Possibly Invalid Last Will and Testament

Navigating the complexities of estate planning can be challenging, especially when faced with a potentially invalid Last Will and Testament. This article highlights key red flags that may indicate a will's invalidity, such as changes made close to death, questionable mental capacity, and improper influence from beneficiaries like an attorney. By understanding these telltale signs, estate planning professionals can better assess a client's case for contesting a will. Explore this essential guide to protect your clients’ interests and ensure that their legal challenges are grounded in sound evidence and legal principles.

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Question:

do children and or grandchildren have to mentioned/listed in trust/will, then disinherited therefore not being able to contest our wishes ?

Answer:

This is a common question. It is not required to name or mention people in a Will if you are planning to disinherit or not leave them anything in your Will. It is common practice to name a spouse and/or children within the first couple paragraphs of a Will. There may be personal reasons for not naming them though. 

A good reason to name people is so that it becomes harder to question one’s capacity or undue influence later. The person challenging the Will cannot say they were forgotten about if they were named earlier in the Will.

Challenging the validity of a Will is usually pretty difficult, especially if prepared by an attorney. In most cases, there is going to be some level of expectation that the attorney drafting the Will made sure that the testator (person signing the will) had the capacity to sign the Will and that they were not under the influence of another person. Of course this is only a generality and capacity issues can be covered up especially if there is a bad acting third party.