Will Contests and Probate Litigation
If an individual with a valid interest in a will believes that the will is invalid, then the interested party can bring a will contest in court. In essence, a will contest challenges the validity of the will in question and seeks to have the invalid portion set aside. The basis for contesting a will generally relates to a narrow set of circumstances which include: 1) the competency of the testator at the time of the will signing; 2) whether there was “undue influence” (someone pressuring the testator to make or sign the will), fraud, duress, or any other illegal activity at the time of the creation of the will; 3) whether a competing version of the will exists; 4) whether the will was made illegally or contains technical faults; and 5) whether the will was properly executed and witnessed.
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