Reasons to contest a will

Challenging a will is not an easy task, since it is the last will of a deceased, so you have to have solid foundations to carry it out. This action is usually made by children who stay out of the will or friends who are named in it, but the laws do not protect them. In any case, from .com we will explain what are the reasons to challenge a will.

Mental capacity

It is possible to claim that the person who made the will did not have the mental conditions to understand what he was doing, therefore he was not fulfilling his will.

For this, it will be necessary to present medical evidence proving that the testator was not in a position to write the text and, therefore, the testament must not be valid.

Fraud or coercion

Another valid reason for challenging a will may be fraud or coercion, that is, affirming that at the time of making the will, it was made under pressure or the person was coerced by another / s.

Execution of the will

When making a will, it is necessary that you meet certain requirements and the laws in force to be valid. If this has not been the case, you have the right to challenge the will.

We recommend you consult our article How to make a will to know all the legal requirements when making this text, to check if they have been fulfilled.

How to challenge a will

To carry out this procedure you will need a series of documents (evidence showing the causes of why you are challenging) that you must present before the probate court in the community where the will was delivered for legalization. You will have a few days to present the demand, and it is advisable to have the services of a lawyer specialized in the matter. You will find all the details in our article How to challenge a will.