You may have the right to challenge a will or codicil (an amendment to a will) if it does not represent the true wishes of the testator (the person who signed the will). A will may be set aside if any of the following can be proven:
- the testator lacked the necessary mental capacity to make a will,
- the testator was unduly influenced (ie coerced) by a third party into making the will
- the will is a fraudulent document
- the will was not properly executed and witnessed in accordance with the legal requirements
- the testator did not have knowledge and approval of the contents of the will, or a particular provision in the will
Where a will or codicil was signed in suspicious circumstances, the law will require proof from those wishing to uphold the will that it reflects the true wishes of the testator. de VRIES LITIGATION has significant expertise both launching and defending will challenges.