The two main challenges to a will are:
Lack of Testamentary Capacity
The standard implement to testamentary capacity is:
- Whether the testator can comprehend the property he is about to dispose of
- The natural objects of his bounty
- The meaning of the business in which he is engaged
- The relation of each of factors to the others
- The distribution that is made by the will.
Undue Influence
A will that is a product of undue influence is void. Undue influence has been defined as “mental, moral or physical exertion, which has destroyed the free agency of the testator, by preventing a testator from following the dictates of his own mind and will and accepting instead the domination and influence of another.”