Contesting A Will | This Attorney Explains What Constitutes Fraud & How It Is Proven In Court

Fraud is a fourth ground for objections to probate. In order to prove fraud, the contestant must show by clear and convincing evidence that a false statement was made to the testator that induced him to make a will disposition of his property. The fraud must induce the will in order to invalidate it. For example, if the decedent had a dispute with his child and ordered the child out of the house, a subsequent malicious lie about the child would be irrelevant if it did not cause the disinheritance.

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