Can a will be contested or challenged?

How the answer differs across 7 jurisdictions

The Short Answer

A contested will may be declared invalid by a court if the testator lacked testamentary capacity, was unduly influenced, or the will failed formal requirements. The burden of proof lies with the person challenging it.

16 years
Minimum age for wills
100% invalid
If no testamentary capacity
Burden on challenger
Who must prove invalidity
§ 2078(2) BGB
Undue influence provision
The Short Answer

Yes, your spouse and children in British Columbia can challenge your will under the Wills, Estates and Succession Act if it does not make 'adequate provision' for their proper maintenance and support.

BC only
Jurisdiction
Spouse/child
Eligible challengers
180 days
Filing deadline
Adequate provis
Legal test
The Short Answer

Yes, you can challenge a will in Ireland if it was made under duress — this is called 'undue influence', and the Succession Act 1965 allows such wills to be set aside.

Section 78
Relevant law
No time limit
Challenge deadline
Burden on chall
Who must prove
Full capacity r
Testator requirement
The Short Answer

Yes, a will can be challenged after the testator's death in India on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution.

3 years
Limitation period
Section 63
IPC execution rule
Section 59
Testamentary capacity
Section 62
Revocation allowed
The Short Answer

Yes, you may be able to challenge your parent's will under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on them or fall into a qualifying category.

6 months
Time limit to apply
Child
Eligible applicant
Financial need
Key test
1975 Act
Governing law
US-CaliforniaFull article
The Short Answer

Yes, you can contest a will in California if you are an interested person and have legal grounds such as lack of capacity, undue influence, fraud, or improper execution.

120 days
Filing deadline after probate
Age 18+
Minimum age to make a will
2 witnesses
Required for valid will
Probate Code
Governing law
US-New YorkFull article
The Short Answer

In New York, a will can be contested on grounds including lack of testamentary capacity, undue influence, fraud, duress, or improper execution under EPTL § 3-2.1.

15 days
Deadline to object after SCP filing
EPTL § 3-2.1
Main will validity statute
Age 18+
Minimum age for testator
2 witnesses
Required for valid execution

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.