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Learning that a child’s will can be contested even after they’ve passed can be emotionally jarring, but knowing the common pitfalls can help grieving parents and executors prepare ahead of time. Contesting a will isn’t just an adult-child scenario; anyone named (or unintentionally left out) can challenge it for valid legal reasons. From mental capacity to unfair exclusion, here are four scenarios where courts often get involved. Understanding these risks helps you ensure your child’s final wishes are more likely to stand. Let’s explore how contesting a will can arise—and what you can do to prevent it.
1. Lack of Testamentary Capacity
One of the most frequent grounds to contest a will is the claim that the child didn’t have testamentary capacity when signing it. Courts typically require them to understand their estate’s size, the natural beneficiaries, and the consequences of their decisions. If they were ill, medicated, or mentally impaired when drafting the will, a challenger may argue it isn’t valid. This is especially common if medical records or witness accounts raise concerns. To protect against this, have the will drafted when your child is clearly of sound mind, ideally with professional guidance and witnesses present.
2. Undue Influence or Duress
A will can also be contested if someone pressured your child into distributing assets against their true wishes. This alleged undue influence usually involves a caretaker, family member, or close friend allegedly manipulating your child during a vulnerable time . The challenger must show evidence of coercion or manipulation strong enough to override free will. Courts take this seriously, often scrutinizing the relationship and timing of the will’s creation. To avoid this, ensure transparency—draft the will when your child is independent, and have a credible attorney or witness conduct the meeting.
3. Fraud, Forgery, or Forged Changes
Fraud can take many forms—from a false will signature to altering terms post-creation. Allegations include forged signatures, incorrect witness forms, hidden pages, or misleading your child into signing. Courts require strong proof, like handwriting experts or testimony, to rule in favor of a fraud claim. Even suspicions can trigger a costly probate court battle. Clear signatures, proper witnessing, and secure storage reduce the chance of fraud-related contests.
4. Omitted Children and Unfair Distribution
Sometimes a child’s will can be challenged simply when someone significant is left out, or provisions feel unjust to relatives. If a child unintentionally excludes a beneficiary, like a sibling or stepchild, the court may treat it as a “pretermitted heir” case. Also, if a surviving family member argues that the will doesn’t adequately provide for them, depending on the jurisdiction, they may challenge it. To prevent this, you can include clear language disinheriting intentionally omitted heirs and discuss your child’s intentions openly before the will is finalized.
Staying Ahead: Make the Will Contest-Proof
Planning a child’s will with future legal disputes in mind isn’t morbid—it’s practical and protective. To mitigate risk:
- Ensure they have testamentary capacity with professional confirmation.
- Keep the drafting process transparent and independent.
- Guard against fraud with secure, witnessed documentation.
- Include clear statements explaining omissions.
These proactive steps set the stage for their wishes to be honored and reduce stress and conflict during challenging times.
Have you ever considered the legal pitfalls of contesting a will? Share your experience or tips in the comments below!
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The post Will Contested: 4 Ways Your Child’s Will Can Be Contested appeared first on Kids Ain't Cheap.
