- The document’s compliance with state laws
- The mental state of the deceased at the time of signing
- The circumstances under which the deceased signed the document—that is, whether the signer was forced or tricked
After the challenger brings the complaint, your first step should be to call an attorney—to represent and preserve your loved one’s wishes, help you understand complex law, and prepare you to make decisions—but also to protect the truth.
Methods for Preserving the Will
Even if it seems that the will’s challenger has sufficient legal grounds and evidence, it’s still possible to preserve your loved one’s will as is. You, the will’s executor, and your estate planning attorney can:
- Find missing witnesses
- Hire a handwriting analyst (if the will was penned by hand)
- Request affidavits from witnesses
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