A Will contest is a formal objection raised against the validity of a Will. It is based on the contention that the will does not reflect the actual intent of the party that created the Will. Challenges to the validity of a Will must be filed in probate court within a certain number of days after the person making the challenge receives notice of the death or of the petition to admit the Will to probate. Furthermore, the Will may be challenged in its entirety or only in part.
Examples of common objections:
- The Will was not properly drawn, signed, or witnessed, according to the state’s formal requirements;
- The decedent lacked mental capacity at the time the Will was executed;
- There was fraud, force, or undue influence; or
- The Will was a forgery.