Reasons for invalidating a will

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However, proving undue influence or coercion can be a difficult way of contesting a will.Deception is a prevalent issue regarding contested wills.Under California law, an incapacitated person is defined as follows:[a] person is of unsound mind or lacks the capacity to make a decision or do a certain act when there is a deficit in at least one of the following mental functions and the deficit significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions with regard to the act or decision in question.

A Will is not valid if it was executed while the testator lacked the required testamentary capacity.Capacity can be a complicated concept in some states.That’s why it is important to discuss your situation with your estate planning attorney, to see if contesting a will on this basis is appropriate.In California, a Will must be in writing, signed by the testator and two witnesses.If the testator cannot physically sign his name he may instruct someone to do it for him.

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