Many will contests involve a challenge to the validity of a will, such as claims it did not meet formality requirements or that the testator lacked capacity or was subjected to undue influence. However, sometimes the primary dispute is how to interpret one or more provisions of a will. I find this to be most often the case when the will is not prepared by an experienced estate planing lawyer. Unfortunately, homemade wills often contain confusing, unclear, or outright contradictory provisions. Or a testator may have an excellent will drafted by a lawyer, only to make a homemade codicil that offers more confusion than clarity. The procedure for having a court determine meaning of a legal document, such as a will, is through a declaratory judgment action.
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