For a will to be valid, the testator must have been capable of making a will at the time it was made. This means that he must be of sound mind and of legal age, with memory and understanding when the will was made.
The testator should also have made the will in his own intent. He or she shouldn’t have been forced or pressured to create the will. It may be also considered invalid if it was obtained by fraud or forged after the loved one’s death.
A revoked will is also considered invalid. Usually wills are revoked the testator’s entrance upon marriage or civil partnership. It can also be revoked when executing a later will or by creating a written statement declaring the intention of revoking the will.
There are several ways to execute will contests. If you are a close relative and believe that you have not received sufficient benefit from the will, or if the will is not in the best interest of your loved one, you may contest a will.
An article on the Daily Mail clearly depicts an example of a case of a family contesting a will after the testator, Lord Glenconner, left much of his estate to his manservant, instead of to his immediate family:
“Lord Glenconner’s widow and grandson will today contest his will in which he left his £20million St Lucia house and 20-acre estate to his manservant.
But today Glenconner’s family, including his widow, Lady Anne, and his grandson Cody Tennant, 20, the new Lord Glenconner, will challenge the decision as they believe it was made as a result of the peer’s final illness.”
Matters such as this can be very complex, that’s why it is advisable to immediately seek the help of a professional. An attorney knowledgeable in probate, estate and trust law may be able to help you contest a will of a loved one.
(Source: Lord Glenconner’s widow to contest will in which he left £20million house and 20-acre estate to St Lucia manservant, The Daily Mail, dailymail.co.uk, Published 24 February, 2013)