Grounds for invalidating a will

A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) or that the will is otherwise invalid.Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud.Undertaking legal action to contest a will or trust is a step most of us will never have to take.

A will may include an in terrorem clause, with language along the lines of "any person who contests this will shall forfeit his legacy", which operates to disinherit any person who challenges the validity of the will.

Will contests are one type of estate litigation where the objectant challenges the validity of a will.

Under the laws of New York, only certain individuals can challenge the probate of a Last Will and Testament, known as a “will contest”.

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*Disclaimer: The above information is NOT legal advice and is for educational purposes only.

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