38. On what basis might someone contest a will?

Examples of reasons to challenge a willA legal document which expresses a person’s final wishes about what happens to their property after they pass away, often specifically identifying intended beneficiaries for specific items of property. include: 1) A later will, if valid, would supersede the prior will; 2) The decedentA person who has passed away. lacked sufficient mental capacity to make the will; 3) The will was a product of fraud, mistake, or undue influenceThe use of power or influence over a testator or settlor in such a way that it keeps them from acting according to their own free will. When a person is named as a beneficiary and actively participated in procuring the will or trust which names them as a beneficiary, a probate court may recognize a presumption of undue influence.; or 4) The will was forged.