In addition, the rules about who can and cannot witness a will’s creation are very strict.
Lack of Knowledge and Approval – The individual needs to have knowledge and approval of the content in the will. Even if the person was of sound mind and the will seems to have been executed properly, if the individual had no knowledge of what is in the document, it can be contested. For example, if the preparer of the will had put something in the will about a charitable gift that the person was unaware of, the will may be considered invalid.
Undue Influence – Sometimes, the individual may be coerced or under duress by another while creating the will. This would be a case of undue influence. It’s important to note that concrete evidence is necessary in the case of undue influence.
Fraudulent or Forged Wills – Much like undue influence, you will need to prove that the will had been forged by another or fraud has taken place.
Rectification and Construction Claims – Rectification of a will may occur if the intentions of the testator had failed to be carried out because of either a clerical error or a failure to understand the instructions.