Challenging a Will
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Testator Not of Sound Mind
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The first main way to challenge or contest a will is to show that testator was not of sound mind. The testator refers to the individual who made the will and has since died.

Sound mind is determined by a totality of the circumstances standard based on factors such as whether the testator:
  • knew and understood the nature of the property
  • knew who the takers of the property would be
  • understood how the property was disposed of (i.e. distributed), and
  • made an orderly distribution of the property
For example, if the testator made an unnatural distribution of property, like disinheriting his or her children, then a court may be more willing to say that the testator was not of sound mind. That is why if a testator wants to make an unnatural distribution of property, the testator must clearly articulate and document it.

Next, we’ll take a look at how to show lack of intent on part of the testator.

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