What are the reasons that one may contest a Will?

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What are the reasons that one may contest a Will?

Asked on April 27, 2015 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are a number of possible reasons:

1) Error in execution--it wasn't signed or witnessed properly.

2) Lack of capacity--the person making the will wasn't mentally compentent at the time he/she made it.

3) Will procured by fraud, duress, or undue influence--a beneficiary got the testator (person making the will) to make the will by lying to him/her about something important, by threatening him/her, or by using a position of power and control (such as being the caregiver of a disabled or housebound person) to manipulate him/her into making the will.

4) False documents--the will was altered, changed, etc. after being made.


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