Under probate law, wills can only be contested by spouses, children or people who are mentioned in the will or a previous will. ... A last will and testament can only be contested during the probate process when there is a valid legal question about the document or process under which it was created.
What grounds do you need to contest a will?
How Long Can a Will Be Challenged?
- The person who made the Will lacked testamentary (mental) capacity;
- Fraud;
- Undue influence;
- Forgery;
- The persons who made the Will did not know and approve of the contents of the Will.
Who is eligible to contest a will?
If you are a child or partner of a deceased person, or someone who was otherwise close to a deceased person, you have been left out of their will or you have not been left much under the will, and you can show that you have a need for financial assistance you are in a reasonable starting position to consider contesting ...