Can a will be contested or challenged?
How the answer differs across 7 jurisdictions
GermanyFull article 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.
CanadaFull article 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.
IrelandFull article 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.
IndiaFull article 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.
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.
US-CaliforniaFull article 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.
US-New YorkFull article 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.
Read Full Articles
GermanyWhat happens if a will is contested?
CanadaCan my family challenge my will after I die?
IrelandMy parent's will was made under duress. Can I challenge?
IndiaCan a will be challenged after the testator's death?
UKI wasn't left anything in my parent's will. Can I challenge it?
US-CaliforniaCan I contest a will in California and on what grounds?
US-New YorkWhat grounds exist for contesting a will in New York?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.