Disinheritance means leaving someone out of a will or trust on purpose. If you think you were unfairly left out, you can challenge this decision in court.
Lack of testamentary capacity
One reason to challenge disinheritance is if the person who made the will or trust wasn’t able to understand what they were doing. Testamentary capacity means being able to grasp the details of their assets and the choices they’re making. For instance, if someone was very ill or had mental health issues when they made their will, and this affected their ability to make clear decisions, the disinheritance might face legal challenges. To prove this, you might need medical records or statements from people who knew the testator’s condition.
Undue influence
Another reason to challenge disinheritance is undue influence. This happens when someone pressures or manipulates the person making the will to change it unfairly, such as by making them leave out a family member. If you can show that someone pushed the testator into making the changes, you might be able to challenge the disinheritance. Evidence might include emails, letters, or other communications showing how the person influenced the testator’s decisions.
Steps to challenge disinheritance
To challenge a disinheritance, you need to file a petition with the probate court. This means taking your case to court and showing evidence to back up your claim. It’s important to follow all the court’s rules and deadlines.
Knowing your options
If you believe you’ve been unfairly disinherited, you need to understand the reasons you can challenge it and follow the proper legal steps. Knowing whether the testator lacked capacity or was unduly influenced can help you address disputes in estate litigation. Being well-informed and prepared can make a big difference in resolving these issues.
