Can your family members challenge your Will? And if yes, on what grounds can they challenge?
It’s not unusual for families to contest a Will, as this has been happening for many years across various families. People often feel dissatisfied when they discover that someone else has received more than them, prompting them to challenge the Will. This can result in a prolonged legal battle, preventing the rightful beneficiaries from inheriting their due.
What are the possible grounds a Will can be challenge?
- Mental State
This refers to the testator’s mental state when creating the Will. If the testator was not of sound mind or did not understand the implications of their actions when making the Will, it can be contested. The most secure approach would be to have a medical professional confirm the testator’s mental condition at the moment when they signed the Will.
- Undue Influence
This occurs when the testator is coerced or influenced by another person to make changes to the Will that do not reflect their true intentions. The person contesting the Will must bring forth substantial evidence that the testator has been influence during the writing of the Will.
- Fraud
This involves situations where the Will was forged, altered, or signed under false pretenses.
- Improper execution
This refers to situations where the Will was not executed in accordance with the legal requirements in Malaysia, such as failing to have the Will signed in the presence of two witnesses.
- Dispute over assets
Disputes may arise if there are ambiguities or inconsistencies in the Will or if the assets are not clearly defined or are being claimed by multiple parties. Which is why we always advice our clients to write their Will specifically to prevent any doubts and disputes that may be raise by any family members or person who have interest.
It’s important to note that contesting a Will can be a complicated and lengthy process, and legal advice should be sought to understand the options available and the likelihood of success.
