on't think that just because the deceased wasn't as sharp as she used to be, or that because he was old and forgetful, it is sufficient to getting a Will thrown out as invalid. The person seeking to have the Will accepted for probate generally has to establish that the deceased was of sound mind and memory at the time the Will was executed. As you might expect, the people who served as witnesses when the Will was signed almost always say the deceased was of sound mind, knew where he was, what the day was, who his family members are, and knew that he was signing his Will. Then the burden often shifts to the person challenging the Will to prove it should not be admitted to probate.
It can be very difficult, and costly to prove that the deceased was mentally incompetent, or made a mistake, or was subject to fraud, coercion, duress, or undue influence when he or she was making the Will.
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