What is Will Contest:

A Will Contest is a type of litigation challenging the admission of a Will to probate.

All the Will cannot be contested. If it appears that the testator is influenced by fraud, coercion or undue influence, or while writing the Will if the testator is not in sound state of mind and memory or if the Will suffers from any of the legal requirements like witnesses, attestation etc., or the Will itself is a forgery you can challenge such a Will in the probate court.

The period of registration of the Will and the date of testator’s death will be taken into consideration to see whether the Will is written without any undue influence.

Whether the testator’s property mentioned in the Will is a self acquired property or it is an ancestral property is also a subject matter of the Will.

Consult an experienced Estate law attorney for contesting a Will.

Some general problems relating to Will:

Dad’s property is an ancestral property, and in the Will he has stated that my brother should take 2/3 of the property, and I should take 1/3 of the property. Whether I have any standing to contest the Will?

You have a proper standing to contest the Will. As far as ancestral property is concerned you have every right to get equal share.
If there is a Will Contest it is advisable for you to consult a Probate attorney to deal with the matter.

Before my mom’s death, I got a job in another state and my mom was staying in her sister’s house for a period of six months. After the death of my mom, her sister has come out with a Will stating that Mom has transferred her house to her. How can I contest the Will?

You have to see the date of writing the Will. If the Will is written within six months before your mum’s death, you can contest the will by stating that the Will is obtained under undue influence and you are entitled to succeed to the property as her legal heir.

My father’s sister shows a Will which says that she is entitled to 2/3 share of the property and the remaining share to my father, but she has not done the process of probate. Whether the Will is a valid one? What my father has to do as far as the Will is concerned?

Since the Will is not contested by anyone, the Will remains a valid Will. Since your father’s sister is getting 2/3 share of the property, your father must be getting 1/3 of the property. If your father accepts the Will, he can go for a probate for getting the legal title to his share of the property or else he can contest the Will.

Next: Living Will