What do I do if I don’t think the will is valid?

Challenges to the validity of the Will

Challenges to the validity of wills are notoriously difficult and have high evidentiary standards. Challenges of validity often fall into one or more sub-categories. These include, lack of testamentary capacity, lack of knowledge and approval, and testamentary undue influence.  Lack of testamentary capacity cases involve situations where the testator did not have the ability to understand or comprehend the process of making a will, for example, they may have advanced dementia or other severe cognitive impairment. Lack of knowledge and approval claims relate to people who sign wills but could not have known or approved of the contents of the document. They may have had testamentary capacity but may be illiterate or blind and could have been mistaken in what they signed. Undue influence cases involve situations where the free will of the testator is overborne to the extent that they could not make a will giving effect to their true testamentary wishes.

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