Many estate planning attorneys find themselves embroiled in a will contest at some point in their careers. Some of these will contests may have been prevented, or successfully defended, if simple precautions had been taken during the estate planning process. These precautionary measures are too often disregarded, typically because there are no overt signs of a potential will contest. The estate planning attorney is then left to defend a will contest after his client’s death.
There are four grounds upon which a will is generally contested: invalid execution, lack of testamentary capacity, undue influence and fraud. Lack of testamentary capacity and undue influence are the most common grounds for a will contest.
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