After a family member has passed away, there are times when people find themselves dissatisfied with the disposition that a will makes of their property. In some cases, estate litigation to challenge the validity of a will may be appropriate. There are several legal grounds available to support such a challenge.

One basis which is available is the assertion that the decedent lacked the capacity to sign a will. Age and illness may sometimes interfere with mental capacity, and a person who is unaware of the consequences of their actions may be shown to have not intelligently made the choices reflected in a document.

A will may also be set aside if it was not written up and signed and witnessed in a manner which complies with the law. There may not be the required number of witnesses to a will, or other defects may bar it from being legally recognized.

Wills may be disallowed by a judge if it is shown that the decedent was induced by fraud to sign the document. The disinheritance of a former beneficiary, for example, might be disregarded if the reason for it was that the decedent was falsely told that their friend or relative was dead.

One of the most difficult grounds for setting aside a will is an allegation of undue influence, such as when one family member, on whom an ill or disabled individual has become dependent on, convinces the individual to sign a will favoring them and disfavoring another possible beneficiary.

Challenging the validity of a will can be a complex undertaking, so that retaining competent legal counsel is essential to success.

AARP, "Where There's a Will ...," Nancy Mann Jackson, Aug. 17, 2011