Will Contest - Consequences

Consequences

Depending on the grounds, the result of a will contest may be:

  1. Invalidity of the entire Last Will and Testament, resulting in an intestacy or reinstatement of an earlier Will.
  2. Invalidity of a clause or gift, requiring the court to decide which charity receives the charitable bequest, using the equitable doctrine of cy pres.
  3. Diminution of certain gifts, and increase of other gifts to the widowed spouse or orphaned children, who would now get their elective share.

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