Challenging Will

During the estate planning process, a will is put in place to convey the wishes of the individual and to distribute their property accordingly.  In order to override the contents of a will, a person must have valid grounds upon which the challenge is based.  The two ways to challenge a will are by successfully alleging undue influence or making a case that the decedent lacked the capacity to make a will at the time the document was made.

Challenging Will: Undue Influence

Whether an individual has valid grounds to challenge will depend on the basis of their claim.  Individuals who are challenging undue influence will have to prove that the testator (the person who died and whose will is being challenged) was in someway taken advantage of by another person with whom he had a close relationship.

Capacity of the Testator

The process of challenging will in probate court often focuses on the challenge validity of will itself.  If the testator (the person who died) was not of sound mind when the will was created, the person challenging will, in probate court, have to present evidence supporting his claim. 

Probate Court: Sound Mind Test

The process of arguing “sound mind”, and challenging the validity of, will prove difficult for any individual in court.  While it is almost impossible to prove, strong evidence is required if there is any hope of having the will successfully overturned.

Wills Legal Assistance

To successfully challenge a will, individuals have the best chances when they seek guidance from a reputable wills attorney.  By having a lawyer explain your rights and options, you will be in a the best possible place to make a decision about the estate and the will in dispute.