Can an executrix who is also a beneficiary contest the will?

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Can an executrix who is also a beneficiary contest the will?

Can an executrix who is also a beneficiary contest the will in the state of Rhode Island?

Asked on October 29, 2016 under Estate Planning, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Any beneficiary, even if she is the executrix, may legally contest a will. Of course, there are only very limited reasons to challenge a will; the main ones are:
1) Belief that the will was the product of duress/coercion or undue influence;
2) Belief that the person making the will was not mentally competent when they made it;
3) Belief that the will was forged in some way--altered after being signed, not signed by the person whose will it supposedly is, etc.
4) Belief that the will was not properly signed/executed or witnessed; 
5) Belief that there is a later valid will superceding it.


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