How do you challenge the validity of a will? What factors does the court consider? What is challenging a will called?

How do you challenge the validity of a will? What factors does the court consider? What is challenging a will called?

If you believe that a will is not valid, you may be able to contest the estate on that basis. This means that you challenge the validity of the will. You may do this if you think that the will was not signed by the person who made it, or if there are doubts about whether the person who made the will had the mental capacity to do so. Testamentary undue influence is when someone applies pressure on a testator to make them change their Will. This can happen through physical, emotional or financial coercion. If a person challenges a Will on the grounds of undue influence, they are essentially contesting the estate. The court will then look at whether the Will is valid. In order to be found valid, the court must be satisfied that the testator was not influenced by anyone else. If the court finds that the Will was created under duress or undue influence, it will be declared invalid

If you successfully contest an estate, this can have a number of consequences. The court may decide that the will is not valid, and that the estate should be distributed in accordance with a different document, such as an earlier will. Alternatively, the court may decide that the entire estate should be distributed in accordance with the laws of intestacy, which dictate how property is to be distributed when there is no valid will in place.

Challenging a will can be a complex process, and it is advisable to seek legal advice before taking any action.