Will Contests or Will Challenges can be brought typically for the following reasons among others:
- Mistake in Fact – For example, the case where the testator thought their child had died or deserted them Or had stolen property from the testator are some situations because of the influence of others
- Fraud – For example if a Will was altered; pages changed out; Or a signature of testator or witness that is forged or added later after the fact.
- Improper execution – A will must be executed in presence of both witnesses and testators together. Belated signatures or after fact signings by a notary or witnesses is a basis of challenge Will and sometimes is fraud
- Undue Influence – This can include but is not limited to – manipulation, coercion, deceit, lies, exploiting anxiety or depression,
- Testator Lacking the proper Mental Capacity to execute a Will – Diminished capacity, Dementia, Alzheimer’s disease, overly medicated on pain killers.
- Diminished capacity – any Wills done with impairment such sight, hearing, dementia, failing memory, depression, alcoholism, etc.
- Duress – Fragile elders or perhaps senile elders taken to lawyer to change Will at the bequest of a family and given little option. Perhaps, they are told they will be abandoned or “left out” or denied access to grandchildren are common examples of exploitation of elders who are forced to change their Wills.
- Challenging Executor – they owe a fiduciary duty and duty of candor & duty of full disclosure.
- Construe Will or Construction of a Will – What did testor mean or did the lawyer screw up? What is plain meaning of what is written?
- Premittered Child – child born after the date of the Will or was unknown or perhaps from a mistress etc.
- Twilight marriage – predatory marriages, mail order bride, black widow, Johnny come lately
- Alzheimer’s Disease or Dementia or other diseases that impair cognitive function or testator’s ability reason or make decisions.
