Most wills are signed or attested by the decedent and witnesses so they comply with most of the formalities for wills required by the states. Even though most wills are signed or attested by the decedents and their witnesses, the signature requirement can still be problematic.
Wills can be overturned. This often occurs in a will contest claim by a beneficiary. Even if the will is upheld, the beneficiary may be able to pursue a tortious interference claim against third parties relating to the will. Wills may also be overturned if they are not property executed.
A no-contest clause in a will may prevent or deter beneficiaries from challenging a will. In the event that the beneficiary is or would be unsuccessful in bringing a will contest claim, they may opt to pursue a claim for tortuous interference with a will. Tortious interference with a will can be a [...]
Anyone with an interest in a decedent’s property may be able to bring a court action to contest the decedent’s will. This includes beneficiaries listed in the will and even third parties omitted from the will.
There are a number of arguments a dissatisfied beneficiary of a will can use to contest the will. Undue influence by a third party at the time the will is executed is one such argument. A related will contest argument involves fraud relating to the will.