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ARTICLE · 01 APRIL 2022

Red Flags Indicating A Potentially Invalid Will

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.

United StatesFamily and Matrimonial

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

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