Creating a will is an important step in ensuring your final wishes are carried out after you pass away. However, there may be situations where individuals may want to challenge the validity of a will. In Tennessee, there are specific grounds under which a will can be challenged. At Todd Hull Law PLLC, we understand the importance of properly drafting and creating a will that stands up to any potential challenges. We are here to assist Johnson City residents with their estate planning needs and ensure that their wishes are protected.

Lack of Capacity: One common ground for challenging a will is if the person who created it did not have the mental capacity to understand what they were doing at the time. This could include issues such as dementia, Alzheimer's disease, or being under the influence of drugs or alcohol. If it can be proven that the individual was not of sound mind when creating their will, it may be deemed invalid.

Undue Influence: Another reason a will may be challenged is if there is evidence that someone exerted undue influence over the person creating the will. This could involve coercion, manipulation, or pressure from another party that resulted in changes being made to the will against the wishes of the testator. If it can be proven that undue influence was present, the court may invalidate the will.

Fraud: Will fraud occurs when someone intentionally deceives or misleads another individual into signing a document that they believe is something else entirely. This could involve forging signatures, altering terms of the will without permission, or providing false information about its contents. If fraud is discovered in relation to a will, it can be contested in court.

Improper Execution: In order for a will to be valid in Tennessee, certain formalities must be followed during its creation and execution. If these requirements are not met, such as having witnesses sign off on the document or having it notarized properly, then the validity of the will may be called into question. Any deviations from these legal requirements could lead to a challenge.

Mistakes and Ambiguities: Sometimes a challenge to a will may arise simply due to mistakes or ambiguities within its language or provisions. This could lead to confusion about what was intended by certain clauses or who should inherit specific assets. In these cases, it may be necessary for parties involved to seek clarification through legal means.

Challenging a will is not something that should be taken lightly, but sometimes it is necessary to ensure that justice is served and loved ones are protected according to their wishes. At Todd Hull Law PLLC, we have experience assisting clients in Johnson City with all aspects of estate planning and probate law. Whether you need help drafting your own valid and enforceable will or find yourself involved in challenging someone else's estate plan, we are here for you every step of the way. Contact us today for personalized guidance and support with your legal needs.