Estate Planning Law

Contesting a Will

Key Takeaways

  • If someone has a reason to think a will doesn’t meet the proper legal requirements, they can contest the will.
  • Possible legal reasons to contest a will include fraud, duress, or lack of mental capacity.
  • Someone must have standing to challenge a will, such as being a family member.

A will, formally known as a last will and testament, is a standard, legally enforceable estate planning document. This estate planning tool distributes and gives someone’s estate to relatives, descendants, friends, charities, or whoever they designate.

Estate planning law and the process of contesting a will are subject to local and state laws. Whether a will is valid also depends on the specific facts of a case. If you have questions about contesting a will, talk to an experienced estate planning attorney for legal advice.

What Does It Mean To Contest a Will?

A will can make it easier to handle your affairs when you die. But it can also be the subject of conflict among friends and family. Estate laws allow you to contest the validity of a will. If you suspect a problem with a loved one’s will, you may have legal grounds to contest the will.

Like other legal documents, a valid will must meet specific criteria. If you can successfully convince a court that the will wasn’t made correctly, the court may adjust some of its terms or declare the entire document invalid.

If a will is invalid, asset division generally operates as if there had been no will. The consequences will vary by state. Each state has its own probate process and intestacy laws for inheriting property. Dying intestate, or without a valid will, generally means that most of the assets go to the deceased’s immediate family members.

Why Would I Contest a Will?

A significant flaw in a will can lead a potential beneficiary to believe the will does not reflect the decedent’s true wishes. For example, imagine you think someone tricked a loved one into leaving you out of their will. You feel you’re owed something from their estate. You can sue to get a share of what you think you should have.

To contest a will, you must have valid reasons for challenging its legal standing. You don’t have standing to contest a will just because you were disinherited or prefer the previous will to the new will. You also have to comply with probate court laws. Possible legal reasons to contest a will include:

  • The will is fraudulent
  • The decedent signed the will under duress or undue influence
  • The will has technical errors
  • When making the will, the decedent did not have a sound mind

Fraudulent Will

The testator is the person who makes the will. A fraudulent will could be a fake will drafted by someone else with a forged signature. Someone may also try to alter the will after the will-maker signs. You need to show evidence of forgery to challenge a fraudulent will.

Undue Influence or Duress

Threat and duress can render the will invalid. A will isn’t valid if someone forced the deceased person to change it because of some threat or danger. Someone who had an extreme level of undue influence over the decedent’s decisions while they were alive could also invalidate the will. To challenge the will, you must prove that the decedent was coerced.

Technical Errors

If someone made critical mistakes in drafting or executing the will, the will might not be valid. Creating a will generally has certain minimum requirements. Deviating from those guidelines can make the will vulnerable to dispute. This could include failing to sign the will or not having enough witnesses.

Lack of Sound Mind

If the testator lacks the mental capacity to make or understand it, the will is invalid. Older people experiencing the effects of age-related cognitive decline may have problems with mental state incapacity. They may no longer be able to fully understand the will or the consequences of any changes. A will might not be enforceable due to a lack of testamentary capacity.

How Do I Contest a Will?

In most cases, state laws dictate that only people mentioned by name or people who would be the lawful beneficiaries can contest a will. For example, your mother’s will did not list you as a beneficiary. If your mother died without a will, you would likely be a beneficiary. You may have the standing to initiate a will challenge to get a share of the estate.

To officially contest the will, you must file a claim with the probate court. In most cases, you can only take action while the will is still in the probate stage. The court will then hold a hearing where you and other interested parties can present evidence and testify why you feel a will is valid or invalid.

Get a Lawyer’s Help To Contest a Will

Contesting a will can take months or even years. To be successful, you must rebut a will’s presumption of validity. You’ll need to show facts based on the law to prove the will should not stand. It’s generally difficult to challenge a will without strong evidence.

Contact a local estate planning attorney with experience in will contests for help. A lawyer can evaluate your case, gather evidence, and give you legal advice about the best way to proceed.

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