Can wills be contested on behalf of someone else?

A claim could be issued by a litigation friend for a minor or by an attorney.  Otherwise, the court would expect the claim to be issued by the person with the claim.

Do I need to involve a court for contesting a Will?

In the first instance there is an obligation on the parties to a dispute to attempt resolution without litigation via Alternative Dispute Resolution (ADR).  If this is not possible court proceedings will be necessary.

What to do if a Will is contested against?

If you are an interested party (executor or beneficiary) you will probably receive a letter about the dispute and be invited to take part in ADR and/or subsequent court proceedings.

Can I contest a will based on mental capacity?

Yes. A Will can be challenged on the ground that at the date instructions were given and/or the Will executed the testator lacked capacity.  Medical records, witness evidence and expert psychiatric evidence is likely to be needed to prove the claim.  

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