A will contest is the legal proceeding challenging a will. Many times family members that are disinheritedCoi will challenge the validity of a will. A will can be challenged for any reason, however, to win a will contest there must be a viable reason made for why the will is incorrect
Valid reasons for a will contest
One reason a will contest can be won is if the issue of capacity is raised. If a family member is cut out of a will and the estate (person who made the will) did not have the capacity for any reason, then the will would be invalid. Someone can have diminished capacity if they do not know what they are doing or have control over their actions. For instance, someone with Alzheimer’s disease would be considered by a court to have diminished capacity and a will could potentially be overturned if it was created or amended at that time. A codicil made with diminished capacity could also be a reason for a valid will contest
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