If the validity of a person’s last will and testament is in question, there is the option to contest it, which is known as a Caveat Proceeding. The contester must file a Will Contest demonstrating explicitly that this is actually against the will of the deceased or that the Will has not been legally or properly enacted.
In these Caveat proceedings, the one who is defending the Will must ensure and attest that the one who created the Will did so with adequate mental capacity. At this point, the one contesting the Will must demonstrate that the Testator was not of adequate mental capacity; that there is a more recent Will; or that the writer of the Will was subject to duress or undue influence while creating the document.
If the Caveator is successful in overturning the Will, it then becomes void.
