How can one contest a will on the grounds of undue influence?

To contest a will on the grounds of undue influence, the proper method is to file a lawsuit challenging the validity of the will. This legal action puts the burden on the party contesting the will to prove that the testator was influenced in such a way that their free will was overpowered, leading to the creation or alteration of the will.

In cases of undue influence, the challenger typically needs to demonstrate that the influencer had a confidential relationship with the testator and used that relationship to exert pressure or control over the testator’s decisions. A lawsuit allows for the introduction of evidence, witness testimonies, and expert opinions to establish the claim of undue influence and, ultimately, achieve a determination from a judge or jury.

The other options do not directly address the process of contesting a will based on undue influence. Asserting testamentary capacity relates to whether the testator was mentally fit to create a will, which is a different grounds for contesting. Challenging the competence of a witness pertains to the validity of the will’s execution rather than the influence involved in its creation. Seeking an amendment to the will does not contest the existing will’s validity but rather seeks to change it, which does not directly engage with claims of undue influence.