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Will Contest Litigation

A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:

  • the testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
  • the testator was subjected to fraud, coercion or undue influence during its creation and implementation;
  • there are ambiguities in the document or
  • the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the Will that was challenged; throw out the entire Will, distributing the property as if the person died without a Will or use the last previous Will.