Will Contest Grounds and Procedure

A will can be challenged if there are valid reasons such as the testator not having the mental capacity to make a will, being improperly influenced by someone, or if the will was created through fraud or mistakes. Anyone who has a stake in the estate, known as an interested person, can file a contest either before or after the will is officially accepted by the court.

John's will leaves his estate to his children, but his sister contests it, claiming John was not mentally competent when he signed the will. After a hearing, the court finds that John had Alzheimer's disease and did not understand the nature of his actions, leading to the will being declared invalid.

A will can be contested for reasons that shake its foundation!

Exams often present scenarios where the grounds for contesting a will are subtle, making it easy to overlook critical facts that support or undermine testamentary capacity or undue influence.

Questions typically involve fact patterns where a will's validity is questioned, requiring candidates to identify the appropriate grounds for contest and assess the standing of the parties involved.