Challenging a Will
Challenging a Will
A will must meet specific criteria and be properly executed to be valid.
The person making a will must have ‘testamentary capacity’, must not be ‘unduly influenced’ to make the will and must ‘know and approve’ of the contents of their will. This means being mentally and legally fit to make it.
A will must be voluntary, in writing, and signed by the person making it. It must be signed in the presence of two witnesses, who must also sign the will. If these formalities are not met, the will may not be valid and may be open to challenge.
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