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decedent intended to revoke the will and tried to do so (for example, by executing a later will), the revoked will is no longer in effect.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.
