Whenever someone disagrees with the decedent’s Last Will and Testament there are numerous grounds on which a Will can be challenged.

Typically a will contest involves an allegation that the testator, or person who made the Will, lacked mental capacity, i.e. that they were not of sound mind due to mental and/or physical illness, or the effects of drugs or alcohol.

A Will can also be challenged if there was fraud, coercion, duress or undue influence. In other words if the person who made the Will was threatened or forced into writing a Will that did not truly reflect what their wishes were, then the Will can be challenged.

Another reason to challenge a Will is that the laws regarding execution and/or witnessing were not complied with. It is not uncommon, especially in today’s day and age with people who decide to write their own Wills, to have the wrong person witness a Will. If this happens, it could prove fatal to the Will and/or the wishes of the decedent.

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