Challenging a Will – When Can You Do It?

There are situations when a will can be contested. If you are one of the surviving family members who is included in the will, you can hire estate Litigation Lawyers in Vancouver such as Lakes, Whyte LLP in order to help you out in contesting a will.

Generally, here are the times when you can challenge the contents of a will:

1. When the testator is not mentally capable.

The law states that the testator or the one who made the will must be in a competent state of mind during the making of the will. If it is proven that the testator lacks the mental capacity as in the case of people with dementia, Alzheimer’s disease or similar degenerative ailments, the will can be contested.

2. When the testator has been coerced.

This is called undue influence. It basically means if the testator is pressured or influenced by another person to create the will and make sure its contents will be in their favor, the will can be contested.

3. When the will failed to follow the formalities stipulated by the law.

Before a will can become valid, it needs to have the signature of the testator and to unrelated witnesses. If this was not done, the will can be contested.

4. When there are dishonesty issues with the trustee.

If the appointed trustee has a debt to the beneficiaries or the people included in the will and there are issues of dishonesty, the will can be contested.

Consulting litigation lawyers in Vancouver is the first step towards determining if you have a sound case for contesting the will.

To know more about Employment Lawyers in Vancouver please visit our website: lakeswhyte.com