Contested Wills

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.