Oklahoma’s Oldest
Law Firm

When can a will be challenged?

On Behalf of | Jun 2, 2022 | Probate Litigation |

A will is a fundamental part of any estate plan. It allows a person to allocate money, assets and property to their desired beneficiaries.

For a will to do its job, it has to be legally valid. There are several reasons why an interested party may opt to challenge a will. Outlined below are some of the more common examples.

Legal errors

Estate planning law in Oklahoma is specific to this state. The legal terms and language used within a will must be accurate under Oklahoma law. Sometimes, this isn’t the case — particularly if a person has attempted to draft a will on their own. When an interested party like a family member has concerns over the legal accuracy of a will, they can bring a challenge forward to the court.

Legal capacity

In Oklahoma, before a person can write a will, they must be at least 18 years of age and of sound mind. If a person is vulnerable when drafting estate planning documents, then they may not accurately reflect their wishes.

Vulnerable parties may also be susceptible to undue influence, which means they may be pressured to change the terms they intended to include to those that suit the interests of other parties, such as people who may be in their lives as caregivers or in other capacities.

If you believe that a loved one’s estate plan isn’t valid or that they were subject to undue influence so that it doesn’t reflect what they intended, it’s wise to seek legal guidance to determine what your best course of action is..