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Challenging My Will?

17 November 2008 No Comment

Can someone challenge my will in court?

Yes they can try to challenge your will. But it is extremely difficult to challenge it successfully.

As there are only few reasons why a court would hear a challenge for the will, which is usually that the will is not valid due to the fact that the will was created when the testator was not of sound mind or that the signature is forged or under undue influence.

These reasons can be very hard to prove and if you have had guidance in some form it is difficult for someone to successfully invalidate the whole will.

Undue Influence, is when the person making the will has been forced to make a will, which does not convey his or her own free will.

Sound mind, the court only require that the testator knows that he has assets and wishes them to distributed to his/her family members. However, if it can be established that you were not aware of the extent or the nature of the document you were signing then the will is invalid.

Signature forged, speak for itself, someone else claiming to be you signed the will.

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