When can a will be challenged in court?
A will can be challenged in court when it is deemed invalid or if the deceased person did not have the legal capacity to create the will. The primary reasons for challenging a will in Indiana courts are lack of mental capacity, fraud or undue influence by another person, or a Will that is not signed and witnessed correctly. The court will determine if the Will-maker had capacity to make the will at the time the will was made. Courts will generally consider the person’s mental and physical health, age, and whether the Will-maker was aware of the contents of the Will and the consequences that would follow. If the court finds that the Will-maker lacked the necessary capacity to make a valid will, then the will may be challenged. Another reason for challenging a will is if it was created under the influence of another person or caused by fraud or mistake. If a person can prove that another person forced or tricked them into creating the will, then the will can be challenged. Additionally, a will can be challenged if it lacks the necessary legal requirements of being signed and witnessed properly. The Court may also consider other relevant factors when deciding whether or not to accept a will as valid. The will can be challenged by anyone who may receive an inheritance if they feel that the will is not valid. Ultimately, the court will decide if the will is valid or not.
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