When someone close to us dies, their will is a vital document directing where and to whom the assets should go, among other things. However, for various reasons, some people may feel that this document does not faithfully reflect the real intentions of the deceased or was made under unjust circumstances.
However, for various reasons, some people may feel that this document does not faithfully reflect the real intentions of the deceased or was made under unjust circumstances. Disputes may arise due to concerns about undue influence, lack of mental capacity, or potential fraud during the will’s creation. Such doubts often lead to emotional conflicts among family members, further complicating the legal process. In such cases, contesting a will or challenging a will becomes inevitable.
Understanding Will Contests

A will contest (also called a will challenge) is a lawsuit designed to invalidate a will that is being or about to be submitted to probate court. The person who files such suits is known as the contestant; he seeks to have the will declared invalid, in whole or in part. Will contests are often tricky and time-consuming emotional trials that can delay the disposition of the dead person’s assets for an indefinite period.
Who Can Contest a Will?
Not everybody can contest a will. Usually, only people with a financial interest in the estate or those who would inherit if the will were thrown out have legal standing to challenge a will. The burden falls upon those individuals who have inherited under any current or previous wills, people who would gain a distribution according to the state law of intestate succession if the will were voided, and creditors of the dead person.
Grounds for Contesting a Will
If a will becomes contentious, the challenger needs to have grounds that may stand up in court. The most common grounds for probating dissatisfaction are lack of testamentary capacity, undue influence, forgery and fraud, failure to obey formal requirements, revocation by operation of law, and mistake or ambiguity; in other words, error in enough detail to render the document meaningless. A lack of testamentary capacity refers to the testator’s state of mind when they made the will.
If a person, through his age or a permanent physical illness, is incapable of realising the consequences and practical results of making a will, then there can be no question as to whether or not fairness was served. That’s an undue influence when someone pressures an older person to change his will. Fraud or forgery refers to cheating during the creation of a will. Improper execution simply means that the will was not signed and witnessed according to state law requirements. The revocation applies if there is proof that the testator has revoked the will in question. Mistake or ambiguity refers to errors or unclear language within the will that make it challenging to know the testator’s intentions.
The Process of Contesting a Will

Contesting a will is a formal legal process that consists of consecutive steps. The first step is to file a petition in the probate court with jurisdiction over the particular will within certain time limits. All interested parties must be notified of the contest. The contestant is responsible for gathering evidence supporting his claim, including documents such as medical records, witness testimony or expert opinion. The trial court will schedule hearings to listen to the evidence and arguments. However, it is often in the parties ‘ interest to find a negotiated settlement or mediate their dispute before they go to trial. If a settlement proves impracticable, the case will be tried in the trial court for a decision by the judge. Either party may appeal the decision to a higher court if he feels it is unjust.
Considerations Before Contesting a Will
Before you decide to contest the validity of a will, you must take into consideration several factors. These encompass costs (which could run into attorney fees, court costs, and expert witness fees) and time elapsed before an equitable distribution of the assets is possible. A trial’s aftermath may well result in strain on family relationships and cause permanent schism between beneficiaries. Before deciding to move ahead with a will contest, you must weigh your case’s strength and prospects for success. Depending upon your state’s laws, be aware of no-contest clauses in the will and their enforceability. Lastly, trying mediation or binding arbitration before the court to solve issues like this might save time.
The Role of Attorneys in Will Contests
With the complexity of will contests, you need to have an experienced probate or estate litigation attorney on your side. These professionals can evaluate the strengths and weaknesses of your case, explain relevant laws and procedures to you, help obtain evidence effectively (in a way that will be admissible in court), mediate negotiations with opposing parties, and represent you in any court proceedings involved. An attorney can also help you understand the consequences and risks of taking equity against the will, including basic written work, so you can make a more informed decision.
Burden of Proof in Will Contests
In virtually every trial contesting the validity of a will, one side (usually) has the burden of proof. This means that the party must have and present enough evidence to show their claim is true and competent, as it were in court. The standard of proof customarily used is generally “preponderance of the evidence”: more likely than not, a claimant’s case should be accepted.
However, in cases involving allegations of fraud or undue influence, if the contestant has presented evidence supporting their claim, the defendant may have to face the burden of proof.
Potential Outcomes of Will Contests

In a will contest, there are four potential outcomes. If the court finds the will valid, the estate will be distributed according to its terms. If the court decides that the will is null and void, then it may be wholly set aside, and the estate may be passed on according to a previous valid will out of state intestate laws. Partial nullification can also occur: specific provisions are revoked but others remain. The parties to a lawsuit may settle their differences, thus not entirely invalidating will but revising to some extent which assets will go to whom. The court can approve a compromise agreement reached by the parties that changes the terms of the will.
Challenging a Will After Probate
Although it is generally easier to challenge a will when it is lodged for probate or during the probate period, a will contest may also be brought after the will has been probated. However, there are usually more stringent conditions and strict limitations on time if one wishes to challenge a will after probate. After the will has passed probate, the grounds to mount a formal challenge are generally limited to fraud or the discovery of evidence unavailable when probate took place.
Preventing Will Contests
There are several ways to lessen the possibility of will conflicts in the future. When making wills, these could ensure that it is appropriately executed-control within all legal formalities, clearly notifying family members of intentions and whether a no-contest clause should be included where enforceable. Another critical consideration is regularly updating the will to reflect current wishes. If there are doubts about mental capacity, seeking a determination in the form of a capacity assessment can help. Also, it provides additional protection from future contests if a professional estate planning attorney drafts the will.
Conclusion
Contesting a will is a serious legal action that should be carefully considered. It is necessary to consider all of the grounds for challenge, consider what potential costs and risks will arise from doing so, and consider how it might affect your relationship with family members. Although contesting a will may be necessary to ensure that a loved one’s true intentions are respected or to address possible wrongdoing, people need a clear understanding of what is involved. By working with experienced legal professionals and hearing out all the pluses and minuses, people can decide whether to contest a will and how.