Beneficiaries, or those excluded from being a beneficiary, of a person's Last Will and Testament sometimes file litigation to challenge the Will. This is usually done based on allegations of undue influence, fraud, coercion or duress. So what happens if the challenge is successful and the Will is set-aside? Does that mean a prior Will comes back into effect or does it mean the person died intestate, i.e. with no Will? As with many things in the law, the answer is "it depends."