Challenging the Validity of a Will: Testamentary Capacity – A Case Law Review
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Contentious probate refers to legal disputes in concerning the administration of a deceased’s estate. The most common kind of dispute is where a beneficiary contests the validity of a will. There are many reasons why a beneficiary may contest a will, such as perceived unfairness, undue influence, or manipulation of the deceased, however this article will focus on one of the most frequently litigated issues – testamentary capacity.