In the movies or television, it seems that anyone disappointed with an inheritance can simply challenge the will in court. In reality, there are only a few specific grounds on which to contest a will.
Sometimes, the validity of the will is not questioned, but its terms are vague or confusing. In those cases, a court may need to consider how the language in the will should be construed.
Grounds for a will dispute include:
- The document fails to clearly express a desire to make a gift effective at death.
- The document is not properly signed with all the necessary formalities.
- The person making the will lacked sufficient mental capacity.
- The person making the will was unduly influenced to make a will contrary to their true wishes.