Nobody likes to think of their own family members taking advantage of them during a time of sorrow. After a loved one has died and their  will is being sorted out by the executor you might receive items left to you and think – “That was it? I thought she said I was getting _____.” But did you know that you can contest a will. When someone contests a will, they are challenging the will. A will contest is usually initiated by one who feels the will didn’t reflect the testator’s actual intent. Valid grounds to contest a will include:

  1. Claims that it was improperly executed (e.g., the testator did not sign it)
  2. Testator lacked testamentary capacity (e.g., the testator did not understand what they were doing at the time)
  3. Undue influence
  4. Duress
  5. Insane delusion upon person creating it, etc.

Moral of the story: If you feel you were supposed to receive an asset and didn’t, you should seek advice from a probate litigation attorney. For more information visit us at: If you have any questions, feel free to comment below or contact us at 714-963-7543. Know someone who will find this useful? Click the Share button below!