A Will Challenge proceeding involves someone seeking to set aside the Last Will and Testament of a deceased person. The person seeking to set aside the Will must establish a legal basis for the challenge. The common grounds for challenging the validity of a Will are:
- The lack of testamentary capacity
- Lack of approval or knowledge of the contents of the Will
- The presence of undue influence
In addition to the above factors, the courts will also consider the overall facts in any particular Will challenge case. In particular, the courts have recognized that “suspicious circumstances” may exist regarding the overall preparation and execution of the Will. When “suspicious circumstances are present, the capacity of the testator and his or her knowledge/approval of the Will are called into question.
You may have the legal right to challenge a Will if you question its validity.
We act for individuals who seek to challenge the validity of a Will as well as for those who seek to uphold the validity of a Will. Should you wish to schedule a free initial consultation to discuss a Will Challenge claim, please contact us.