Legal and land terms · card W

Will contest

A will contest is a court case in which an heir or other interested person argues that a will is not valid, for example because of undue influence or lack of capacity.

Only someone whose interests the will could harm, such as an heir left out or given less, can bring a contest. Common grounds are undue influence, fraud, duress, a testator who lacked the mental capacity to make a will, or a will that was not properly signed and witnessed.

The court decides only whether the paper is the true will, not what it means. A contest is usually the first step in a longer series of proceedings over the estate.

As seen in a recordCourt minutes in a will contest, 1800s
Lydia Speck et al. vs. Eli Tuttle, exr. Issue whether the paper writing propounded is the last will of Jas. Morrow, dec'd
How to cite this page

Daily Ancestor. "Will contest." Dictionary of Old Record Words. https://dailyancestor.com/dictionary/legal-land/will-contest. Last checked 2026-10-12.

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