When considering whether to contest a decedent's Last Will
and Testament, an individual should consider whether red flags
might be present which may point to a successful basis to challenge
a disputed Will. The purpose of this article is to examine
potential red flags which could highlight a potential issue with a
Will which may lead to its invalidation. While this list is not
exhaustive, these red flags tend to be the most frequently
encountered issues concerning improperly drafted and/or executed
Last Wills and Testaments.
One often encountered scenario is when a decedent executes a new
Will near the end of his/her life which changes their previous
estate plans. When such a Will is drafted, a person who wishes to
challenge the Will should look at several issues, some of which are
discussed below, to determine whether such a document could
withstand a challenge to its validity. When a Will is drafted near
the end of a person's life, a strong consideration should