What is the basis for contesting a will?

There are two hurdles for a will to be contested: the individual must have standing to challenge the will and they must have a valid reason or basis for a will contest. In most states, there are just four legal grounds for contesting a will and they are all fairly difficult to prove. A will can be challenged under the basis that:

• The will was not signed according to state law. This is one of the most common reasons a will is found invalid.
• The testator did not have testamentary capacity for signing the will. This means the decedent did not understand the nature and value of their assets and the legal consequences of signing the will.
• The testator was under undue influence. A will is not valid if the testator faced severe distress, extreme pressure, threats, or other forms of undue influence to sign.
• The will was procured fraudulently or forged. This means the testator was tricked into signing the will or the will was forged.