Setting Aside A Will: Incapacity Or Undue Influence

There are numerous circumstances that merit a court order that a last Will and Testament not be admitted for probate. The two most common circumstances that are advanced are where allegations exist that the deceased did not have the requisite legal capacity to execute the Will and, secondly, where allegations are made that the deceased was unduly influenced to execute their Will.

If the capacity of the deceased is successfully brought into question, then the executor is required to establish that the deceased had testamentary capacity at the time that the Will was executed.ⁱ To meet this requirement, the executor must establish that, at the time of signing the Will, the deceased understood and appreciated: