A will is supposed to outline a deceased person's last wishes, and as such, there would seem to be little room for creative interpretation or challenge. Wills are hard to contest, and probate courts generally accept wills at face value. But there are some circumstances when a person's will may be challenged. If you plan to challenge a will, be aware that winning your case will be difficult; you can get perspective about your likely chances with such a contest by speaking ahead of time with an experienced fiduciary litigation attorney.

Did The Person Have The Capacity To Make A Will?

Most commonly wills are challenged because the decedent lacked capacity or was unduly influenced. If the decedent can be shown to have been suffering from dementia, under the influence of drugs, or even manipulated by another person who may have had an interest in the will, this could support a successful challenge to a will. If the person did not have the capacity to make decisions at the time the will was written, that will could be completely or partially invalidated.

Was Fraud Or Forgery Involved?

If you can show that a person's will had been fraudulently created or forged by someone else, this would invalidate the will.

Are All Required Parts Of The Will Present?

Wills must contain certain required provisions in order to be valid. If the deceased person's will is missing certain crucial elements, you may be able to challenge that will as being incomplete.

Is There A Newer Will Available?

Sometimes people create new wills or amend existing wills, and fail to destroy the older wills. When a new will is available, and especially when the new will states that it is intended to supplant a prior will, a successful will contest may be possible.

Questions About A Will? Consult Us Today.

It is difficult to challenge a will, and only certain people who have an interest in the will have the power to do so. To find out where you stand regarding a will that affects you, speak with one of our lawyers at Leisawitz Heller today. Call our Reading office at 610-816-0342 or send us an email to start a conversation.