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There are several reasons you can challenge a Will, and some of them are a bit intertwined. The first is lack of testamentary capacity and the second is undue influence. Lack of testamentary capacity is when the person who made the will did not have the legal capacity to do. Undue influence is when someone else has influenced the person to make a will that is not the will the person would have done on their own. Those two things go hand in hand because if a person is having any kind of mental difficulties, then they are more likely subject to undue influence. It would be particularly important if she had a will before and changed it, or if her brother found a lawyer for her and took her to the lawyer, or other facts such as that. I think you have a legitimate basis for a challenge. ... Read More
There are several reasons you can challenge a Will, and some of them are a bit intertwined. The first is lack of testamentary capacity and the... Read More