Generally speaking, it is quite difficult to successfully challenge a decedent’s Will which has been offered for probate. There are several legal grounds for contesting the probate of a Will, which include:

a) Defective Execution- the formalities and requirements of the Will signing “ceremony” were not adhered to;

b) Valid Revocation- the will being offered for Probate was validly revoked by the testator;

c) Lack of Testamentary Capacity- the testator was not of sound mind when the Will was executed;

d) Undue Influence- the testator was coerced by another person to draft a Will according to that person’s wishes;

e) Fraud- the Will being offered for Probate resulted from a purposeful misrepresentation to the testator; and

f) Mistake- signing of the wrong Will, mistaken omission or inclusion of a provision, etc.

A person who wishes to challenge a Will must have a legal standing to object to the probate of the Will, meaning that they must have an economic interest which is adversely affected by the Will being offered for Probate.