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Will Contest Litigation

Contesting a will is the process whereby an aggrieved person challenges: the form of the will, as in failing to fulfill the statutory requirements regarding the execution of a will; or, the validity of the writing; and/or the competency of the decedent at the time the writing was executed. Issues that are likely to spur the contesting of a will include but are not limited to the decedent’s lack of mental capacity, i.e., the person was senile, delusional, or of unsound mind, intoxicated, or under the influence of legal or illegal drugs; fraud, coercion or undue influence during its creation and implementation, thus creating ambiguities in the document itself.