In Arkansas, it is not uncommon for people to be unhappy with what they received in a will after a loved one has died. They might have thought they were going to receive a specific property, get a sum of money, be granted a piece of a business or be left sentimental items. Often, they consider contesting the will.
The person who writes the will does so with the objective that their wishes be followed. However, there are times when there is a legitimate reason to contest a will. When writing the will or after the person has died and there is a dispute over its validity, it is imperative to understand the details of a will contest.
Specifically, there are grounds for a will contest that must be proved for it to move forward. The testator will want to avoid leaving any opening for an effective contest. The person contesting should know whether it is worthwhile to proceed.
Arkansas law
In general, the person who is calling the will into question needs to have sufficient evidence that it should be invalid. Since a will’s validity hinges on several factors – the testator being of sound mind, being free of undue influence, not being coerced – all could be assessed to determine if there is a basis for the contest.
The determination of a person’s capacity and if they were unduly influenced can be complicated. The court will be tasked with analyzing the available evidence and weighing the circumstances as it makes its decision.
For example, the testator might have had more than one child. If one was caring for the testator or lived with them and a sibling believes they took advantage of an elderly or infirm parent, they could claim this justifies the will contest. The testator’s capacity at the time the will is signed will be the determinative factor.
Undue influence could be a person using underhanded tactics like manipulation of a vulnerable person to have the document written in a certain way. The person who is contesting the will must meet a significant threshold to prove they are right in their complaint.
There are instances when a testator decided to leave more of their assets to a person and did not do so because they were manipulated, but because they felt a closeness to that person. Perhaps the loved one who receives more in the estate plan than other relatives was a caregiver.
An estate plan should be crafted to avoid disputes
The last thing a person who writes an estate plan will want is for there to be court battles and will contests after they are gone. To keep that from happening, they should make sure to understand how to write a valid will. That includes ensuring the legal requirements are met.
Regarding a will contest, there are basic factors the court will consider as the make their decision. Those who are simply contesting a will because they are displeased with what they received but have no evidence there was any wrongdoing should know that this is not a justifiable reason for the contest. Regardless, understanding the law and having help is critical with all areas of estate planning and probate.