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A testator that has a mistaken conclusion and refuses to accept substantial evidence of their mistake may not have the requisite capacity to execute a will.
After the grieving has taken place, the next question that may arise concerns whether the decedent possessed a last will and testament.
Any beneficiary under the decedent's will may contest the will's validity.
Even if a testator suffers from a mental condition, a will may be validly executed during a “lucid interval.” a person challenging the will has the burden of proving the testator lacked capacity because there is a presumption that the testator had the requisite capacity at the time he or she signed the will, so If a will is procured by fraud, duress, mistake, or undue influence, the will is void. Undue influence occurs when a bad actor exerts so much control through pressure and persuasion over the testator such that he or she loses the ability to act voluntarily.On the other hand, if the will differs greatly from what the potential beneficiaries of the estate believe is fair or what they believe was intended by the decedent, then a will contest may be initiated.Contesting a will is an emotional and difficult process, which is akin to a divorce among the surviving heirs and relatives of the dearly departed.Once this process has been completed, the time period during which a party may file a will contest begins to run.
In general, an individual who resided in the same state as the decedent only has four months after a will has been admitted to probate to contest its validity.If the testator meets these conditions, they may execute a will. A testator must be of “sound mind” at the time the will is executed.