Will Contests

A will contest is a challenge to a will.  It points out the flaws in a will and asks the court to set it aside.

Common grounds for setting aside a will include:

  • Undue Influence.  If the decedent signed the will because he or she was under the influence of another, the will is invalid.
  • Lack of Testamentary Capacity.  For a will to be valid, the decedent must have had sufficient mental capacity at the time he or she signed the will.
  • Fraud.  A will isn’t valid if the decedent did not understand that he or she was signing a will or didn’t know what the terms of the will were as a result of fraud.
  • Forgery.  A will with a forged signature is not valid.
  • Revocation.  If the decedent intended to revoke the will and tried to do so (for example, by executing a later will), the revoked will is no longer in effect.

Any challenge to a will must be filed within a very strict deadline.  If you believe you have a claim or challenge against an estate, you should contact an attorney immediately.