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When can a will be challenged?

On Behalf of | Jan 12, 2025 | Probate Litigation |

A will determines how an estate should be distributed after the passing of a loved one — and most are never challenged. Challenging a will would be beneficial and right, however, if there is a belief that there are issues with the validity of a will. 

Not everyone can challenge a will. Only those who have a legitimate interest in an estate, such as a beneficiary, heir-at-law, creditor or guardian, may file a will contest. However, to contest a will, there must also be valid legal grounds. Here are a few possible valid grounds for a will contest:

Was there a lack of testamentary capacity?

The testator must have been in sound mind when they created and signed a will. A testator would have lacked testamentary capacity if they struggled with a mental condition, such as dementia. A testator’s substance and alcohol use when they signed a will could also be valid grounds to challenge a will.

Was there undue influence?

Someone may have pressured or manipulated a testator to sign a will. This could happen if the party had power over the testator or misled the testator into believing that a will said something that it didn’t. As a result, the will could strongly favor the person who influenced the testator.

Is there evidence of fraud?

A will could be contested because there is evidence that the document is forged. For example, the testator’s signature could be inaccurate or the will was changed at a later date by someone other than the testator. 

If you suspect that there’s a reason to challenge a loved one’s will, it’s imperative to seek legal guidance as quickly as possible.

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