What Proof Do I Need To Successfully Challenge A Will?

Coleman Law Firm

Attorney Jeffrey P. Coleman explains how easily a will contest case can be won or lost and the effect of undue influence on the outcome. 

Transcript: The standard of proof in challenging a will is what we call the preponderance of the evidence. This means simply that the scales of justice must only tip a little bit towards the winning party, it is not beyond a reasonable doubt, as we have in Criminal Court. That’s the burden of proof that a contestant has in a will contest.



The elements of proof in a will contest case will depend upon the theory that you’re using in attacking the will. If for instance you are saying that it was not properly executed, you will need to know things about the witnesses: whether they were present at the time it was signed, etc. in the elements of proof for attacking for undue influence, there are other issues that will need to be addressed. These are technical and you’ll need a lawyer to help you on that.

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