When someone passes away, leaving behind assets, possibility of disagreements amongst those who are left behind can arise very often, whether there is a will in place or not. However sometimes disagreements can accentuate for the very reason that there is a will in place.
Below are some of the cases in which you may be able to contest a Will if:
- Appropriate provision was not made for you in the Will;
- A dispute that the deceased was unduly influenced by another person prior to signing of his or her will;
- A promise was made to you that you would be left a certain part of the estate and that has not happened;
- A clear error or mistake in the Will and a court order is sought to rectify that error or mistake;
- The Will maker lacked capacity to make to Will; and
- The Will maker was subject to undue influence.
An application to the Court is a must requirement to challenge a Will.