lrs-header-729x120 Addthis

Attention: open in a new window. PrintE-mail

Can a will be challenged?

A probate judge’s duty is to determine and implement the intent of the person who made a will. Usually, the judge does this by reading the language in the will. However, in rare cases, there may be evidence that the language in a will doesn’t reflect the intent of the person who drafted the will, or that the will itself is legally flawed and therefore unenforceable.

Any person who is affected by a will (that means heirs, primarily) may challenge a will once it is in probate in what is called a “will contest,” but the challenge may only be based on specific, limited grounds that are difficult to prove:

  • Lack of mental capacity
  • Lack of validity
  • Undue influence
  • Duress
  • Fraud

How can I tell if there was duress, undue influence or fraud in the making of a will?


What happens when a will is challenged?


I want to challenge a will:

During our regular business hours, if you would like an LRS Attorney Counselor to call you, please enter your number below:

Loading
 
lrs soc