Toll-free: 1-800-563-6348
Blog Posts

Challenging the Validity of a Will

“Can I challenge the validity of a will?”

In this economy, individuals are becoming even more reliant on the estates of their family members for financial support in retirement. It is devastating to lose a family member and this devastation can become worse if the “retirement plan” or financial support an individual was counting on from a will is actually non-existent. Depending on the circumstances, there may be options to challenge the validity of a will.

Some examples include:

  1. Capacity: the will maker did not have capacity or suffered from a mental illness that prevented the individual from appreciating or knowing what he/she was signing and what terms he/she was agreeing to.
  2. Undue influence: the will maker was pressured by another to change his/her will or create a will. This may be of particular concern in the event that a will is changed shortly before death or is very different from the intentions of the will
  3. Forgery/fraud: the will was falsified or the signature was forged.

If you are concerned about the validity of a will or feel that you have been wrongfully left out of an estate, you should speak with a lawyer who has expertise in estate litigation as there may be remedies to challenge the will. Contact us online for a free legal consultation or by phone at 1-800-563-6348 to speak directly with a Ferguson lawyer.

Get a Consultation*

Please enable JavaScript in your browser to complete this form.

*Please note: Sending an email to us will not make us your lawyers. You will not be considered a client of the firm until we have agreed to act for you in accordance with our usual policies for accepting clients. Unless you are a current client of FDT LLP, please do not include any confidential information in your email. No information you send us can be held in confidence and no information we provide to you can be treated as legal advice unless and until we have agreed to act for you.