Contesting the validity of a will can be a complex and emotionally charged process. In some cases, there may be concerns about the authenticity, legality, or fairness of the will, leading interested parties to challenge its validity. In this blog post, we will explore some of the common grounds for contesting the validity of a will, which can give rise to estate litigation.

1. Lack of Testamentary Capacity

One of the primary grounds for contesting a will is the lack of testamentary capacity of the testator (the person making the will). Testamentary capacity refers to the mental capacity of the testator to understand the nature and extent of their assets, the consequences of making a will, and the identity of their beneficiaries. If it can be proven that the testator lacked the mental capacity at the time of creating the will, the will may be deemed invalid.

2. Undue Influence

Undue influence occurs when an individual exerts pressure, coercion, or manipulation on the testator, influencing their decisions regarding the distribution of their assets. If it can be shown that the testator was unduly influenced by another person who benefited from the will, the court may invalidate the will.

3. Fraud or Forgery

If there is evidence to suggest that the will was forged or that the testator was deceived or misled into signing the document, it may be grounds for contesting its validity. Fraudulent activities, such as tampering with the will, misrepresenting its contents, or falsifying signatures, can undermine the integrity of the document.

4. Improper Execution

Wills must be executed according to the legal requirements of the jurisdiction in which they are created. Improper execution, such as the absence of witnesses, failure to sign the will, or not adhering to statutory formalities, can be grounds for challenging the validity of the will.

5. Ambiguity or Lack of Clarity

If the language used in the will is ambiguous or unclear, it can lead to disputes among the beneficiaries. In such cases, interested parties may seek to contest the will and request the court to interpret the testator’s intentions. However, mere disagreement or subjective interpretation of the will’s provisions is generally not sufficient grounds for contesting its validity.

6. Revocation or Superseding of a Previous Will

If a subsequent will is discovered, it may supersede a previous will and render it invalid. The existence of a more recent will that explicitly revokes the prior one can be used as grounds for contesting the validity of the earlier will.

7. Mistake or Clerical Error

In some instances, a mistake or clerical error in the drafting or execution of the will may impact its validity. For example, if the testator intended to leave certain assets to a specific beneficiary but a drafting error resulted in their omission, it may be possible to contest the will on the grounds of mistake.

Contesting the validity of a will is a significant legal undertaking that requires strong evidence and legal expertise. Lack of testamentary capacity, undue influence, fraud or forgery, improper execution, ambiguity, revocation of a previous will, and mistakes or clerical errors are common grounds for contesting the validity of a will. If you believe there are legitimate reasons to challenge a will, it is crucial to consult with an experienced estate litigation attorney who can guide you through the complex legal process. Remember, contesting a will should be approached with care and sensitivity, keeping the best interests of all parties involved in mind.