Q:

What are the grounds for contesting a will?

A:

Quick Answer

The most successful grounds for contesting a will are that the testator lacked the mental capacity to create a will or that he was unduly influenced to write the will a certain way. The most successful challengers are usually spouses of the testators, according to FindLaw.

Continue Reading
What are the grounds for contesting a will?
Credit: Rod Morata The Image Bank Getty Images

Full Answer

Other reasons for contesting a will include a newer will trumping the one the executor presented for probate, insufficient or inappropriate witnesses, or that the provisions of the will are not valid for the state in which the testator resided at the time of death. As long as the will is legal, a contest is unlikely to succeed. Approximately 99% of wills pass through probate uncontested, notes FindLaw.

Learn more about Financial Planning

Related Questions

  • Q:

    What makes a will invalid?

    A:

    A will becomes invalid if the testator is shown to be mentally incompetent, according to Encyclopedia Britannica. A will is also invalid if the testator acted under fraud or coercion. About.com mentions that a will is void if all of the beneficiaries die without the testator appointing new heirs.

    Full Answer >
    Filed Under:
  • Q:

    What is the definition of probate estate?

    A:

    A probate estate is the total of all assets owned by a person at the time of his death as stipulated in his will. A probate court must prove a will is genuine through a process called probate administration, as explained by For Dummies.

    Full Answer >
    Filed Under:
  • Q:

    How do you change the executors of a will?

    A:

    The executor of a will is changed through a codicil, which is an amendment to a will, according to A.L. Kennedy for LegalZoom. The codicil is written on a separate sheet of paper with the exact wording used in the original will to name the executor, except it has the new executor's name.

    Full Answer >
    Filed Under:
  • Q:

    How do you obtain a living will?

    A:

    A person obtains a living will by filling in a form that is compliant with state law regarding these wills, according to the Office of the Attorney General in Kentucky. A living will can also be prepared by a lawyer and appropriately notarized, the American Bar Association notes.

    Full Answer >
    Filed Under:

Explore