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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:

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