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Wills Contests
A will contest is a court proceeding in which a court is called upon to determine the validity of a will. The person challenging the validity of a will is often referred to as the "contestant." The person who is defending the will is called the "proponent."
In a will contest, the contestant offers proof or evidence that the will is invalid. Such proof is usually intended to demonstrate any one or more of the following:
- the will was not properly signed;
- the person making the will (the "testator") lacked the requisite testamentary capacity;
- the testator was subjected to undue influence in the making of the will;
- the testator was fraudulently induced into signing the will;
- there was a mistake in the will.
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