Your aging parents worked hard throughout their lives. Whether they have substantial assets or just a few belongings, your mother and father likely want some control over what happens to their wealth after they die. While many tools help individuals protect assets, a comprehensive will is the cornerstone of the estate planning process.
Legitimate wills must meet a few legal requirements. They should also accurately describe the writer’s intentions. If your parents’ will fails to do so, you may have grounds to challenge it. Here are four situations that may raise your suspicions:
1. The will differs greatly from a previous one
A will does not have to last forever. On the contrary, if a person’s wishes change, he or she can draft a new will. Still, if your loved one’s final will differs considerably from previous ones, it may not accurately reflect his or her true wishes.
2. The drafter has some type of impairment
For a will to be legally valid, its drafter must have testamentary capacity. All this means is that the person must have the mental and physical ability to execute the document. As such, if your parent has some type of impairment, you should likely investigate whether the will meets basic legal requirements.
3. The beneficiary played a critical role
When individuals write a will, they should be free from undue influence. Undue influence occurs when someone supplants his or her own wishes over those of the will’s author. If the will’s primary beneficiary plays an oversized role in drafting the will, your mother or father may be the victim of undue influence.
4. The will does not make sense
You likely have a decent relationship with your father or mother. In fact, you may feel as if you can finish the sentences your loved one starts. If the will simply does not make much sense to you, you should question its validity. This is especially true if the document directly conflicts with statements your parent has made to you.
Good wills have an element of certainty. Unfortunately, though, not all wills accurately exhibit their writer’s genuine intentions. If your parent’s will seems suspicious, you may need to challenge it to protect both your loved one’s wishes and your inheritance.
