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Finally, duress occurs when a third party uses coercion or force to get the testator to sign the will.Contact witnesses, locate documentation and review any evidence that shows a lack of mental capacity on the part of the testator.
A will contest or a will challenge is a court case brought to dispute the validity of a will, according to Find Law.Since a will document must accurately reflect the intent of the testator, it may be considered defective if the testator is shown to have lacked testamentary capacity at the time he drafted the will, i.e.was not "of sound mind." In general, a testator has testamentary capacity if, at the time he drafted his will, he understood the nature and value of his property and that he was conveying it to known persons upon his death.He will know your state's laws regarding will challenges, and may increase your chances of success.Probate is court-supervised administration of a testator's last will and testament.
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The judge may accept the entire will as valid, invalidate the entire will or invalidate only those parts of the will tainted by the defect.