I am sorry to hear that your friend is going through this; in order to dispute the will, this is going to require an attorney.
Basically, if a party exercises undue influence the will can be voided. Undue influence occurs when a vulnerable (aging,ill, etc) person is unfairly influenced (manipulated) by a person, usually a person in a position of trust (ie relative). The undue influence causes that person to change their will, usually excluding all other relatives.
The more vulnerable the individual is the easier it is to prove the undue influence.
Also, one needs to have mental capacity to change a will; if the individual was so ill that he did not have mental capacity, the will is voided. The person must understand the legal effect of the document they are signing.
Basically one needs to petition the court, challenging the will (a will contest). If the court determines there was undue influence or insufficient capacity, the will is thrown out and the property passes via intestate succession (ie to next of kin; so to all children equally for example)
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned
5 stars *****
as I strive to provide my customers with great service.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.