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Legal grounds for contesting a will

According to an article in USA Today, many Americans have not adequately planned for the future. The article states that only about 36 percent of Americans have a will. Common reasons for why people delay making this document include not feeling as though it is necessary or not feeling like it is urgent to make one. 

All adults need a will, and they should update this document regularly. It helps prevent a lot of hardship upon the person's death, but another source of hardship can come if one beneficiary believes undue influence took place. This is legal grounds for contesting a will. There are certain grounds for this action, and people should be aware of their rights and legal recourses. 

Forgery

Forgery can include a person completely falsifying a document, falsifying certain sections of a document or writing someone else's signature. Many legal experts believe this act is more common than most people realize or bring to court. 

Fraud

One example of fraud is an executor bringing an adult a will but saying it is another document to be signed to obtain a signature. Another example would be if the adult knew the document was a will, but the executor stated incorrect information about the material held within it. 

Duress

This type of influence is difficult to prove. It involves an executor threatening or seriously coercing the adult to sign the will against his or her will. 

Insane delusion

When an elderly person possesses such a degraded grasp of reality, it is difficult for him or her to agree to anything. Beliefs that go against reality must have played some impact in the signing of the will, such as an elderly person forgetting he or she has a child and not believing it is necessary to include such a person in the document. Under these circumstances or similar ones, it is possible for heirs to contest a will. 

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Thomas N. Torzewski, LLC

Torzewski & McInerney, LLC
60 Washington St
Suite 104
Morristown, NJ 07960

Phone: 973-532-2868
Fax: 973-359-0077
Morristown Office Location