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Challenging a Will

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The reasons for challenging the validity of a will are:

  1. The person making the will did not have testamentary capacity at the time that the will was made;
  2. The person making the will did not intend that the document (the will) would be their last will;
  3. The person making the will did not understand and approve the contents of the will;
  4. The person making the will made the will under coercion or duress and it was not their free choice to make the will: known as making the will under undue influence;
  5. The will was made by fraud or was a forgery;
  6. The will had not been made in accordance with the legal requirements of the Wills Act 1837;
  7. The will was not the person’s last will.

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