In certain circumstances a Will can be challenged. A challenge may occur either before or after the admission of the Will to the probate process. A Will-maker’s spouse, children, heirs, beneficiaries, creditors and any other person having a right to property in an estate may challenge the Will.
A Will may be challenged based on a number of grounds, including:
- •Lack of capacity;
- •Fraud;
- •Misrepresentation;
- •Duress;
- •Undue influence; and
- •If the Deceased did not know and approve of the Will.
