Contested probate

Lack of mental capacity

If the deceased lacked sufficient mental capacity at the time they made their will, it may be possible to challenge the validity of the will on the grounds of a lack of testamentary capacity.

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Undue influence and duress

Interested parties can challenge the validity of a will if the deceased was coerced or unduly influenced into making or changing their will.

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A will is fraudulent if it has been created or changed by someone other than the will-maker and without the will-maker’s approval. Fraud can also occur where a person misleads a will-maker so as to obtain a benefit under a will.

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