A will contest is a legal challenge to the validity of a deceased person's last will and testament. These disputes arise when interested parties believe the will does not reflect the true intentions of the testator or was created through improper means. Will contests can invalidate entire wills or specific provisions, potentially changing who inherits from the estate. Understanding the grounds for and process of contesting a will helps those considering whether to challenge an estate document or those who must defend against such challenges.
Who Can Contest a Will
Standing to contest a will is limited to interested parties who would be affected by the outcome. This typically includes beneficiaries named in the contested will, beneficiaries under previous wills, and intestate heirs who would inherit if there were no valid will. Spouses and children usually have standing even if they are not named in the will, as they would potentially inherit under intestacy laws.
Creditors generally cannot contest wills simply because they dislike the estate plan, though they may have standing for certain claims. Those who witnessed the will or were involved in its creation may testify but typically cannot contest. Understanding who has standing is important because courts will dismiss contests brought by parties without a legal interest in the outcome.
Lack of Testamentary Capacity
To create a valid will, the testator must have testamentary capacity at the time of signing. This requires understanding the nature of making a will, knowing the general extent of their property, recognizing who would naturally inherit, and understanding how the will disposes of their property. Conditions like dementia, Alzheimer's disease, or severe mental illness may destroy testamentary capacity, but their presence alone does not automatically invalidate a will.
Capacity is measured at the specific moment the will was signed, not generally. People with declining mental function may have lucid intervals during which they can validly execute wills. Medical records, testimony from doctors and caregivers, and observations from those present at the will signing provide evidence about capacity. The burden is usually on the contestant to prove lack of capacity.
Undue Influence
Undue influence occurs when someone exerts such pressure on the testator that the will reflects the influencer's wishes rather than the testator's true intentions. This goes beyond mere persuasion or advice. Undue influence typically involves a confidential relationship between the testator and the influencer, opportunity to exert influence, active participation in procuring the will, and an unnatural or suspicious result.
Common scenarios involving undue influence include caregivers who isolate elderly testators from family, adult children who control access to aging parents, and romantic partners who appear late in life when the testator is vulnerable. Circumstantial evidence often proves undue influence because it occurs in private. Changes in estate plans that benefit the alleged influencer at the expense of natural heirs raise suspicions.
Fraud and Forgery
Fraud in the execution occurs when the testator is deceived about the nature of the document they are signing, believing it to be something other than a will. Fraud in the inducement occurs when false statements cause the testator to make or change provisions. Forgery claims allege that the signature is not genuine or that pages were substituted after signing.
Proving fraud or forgery often requires expert testimony from handwriting analysts or forensic document examiners. Evidence may include comparing the questioned signature to known genuine signatures, examining the document for alterations, and testimony about the circumstances of creation. These claims are serious allegations that courts scrutinize carefully.
Improper Execution
Wills must be executed according to state law requirements to be valid. Most states require the testator to sign the will or direct someone to sign on their behalf in their presence. Witness requirements vary but typically include two competent adults who must see the testator sign or acknowledge their signature and who must sign the will themselves.
Some states require witnesses to sign in each other's presence, while others have additional formalities. Self-proving affidavits attached to wills help establish proper execution but are not always required. Failure to follow required formalities can invalidate a will even if the testator clearly intended for it to govern their estate.
Procedures and Deadlines
Will contests must be filed within specific time periods after the will is admitted to probate. These deadlines vary by state but are often quite short, sometimes as little as a few months. Missing the deadline typically bars the contest regardless of the merits of the claim. Acting quickly after learning of a will's contents is essential.
The contest process begins by filing a petition with the probate court explaining the grounds for challenge. Discovery allows both sides to gather evidence through depositions, document requests, and interrogatories. The matter may be decided by a judge or jury depending on the jurisdiction and type of claims. Costs can be substantial, making evaluation of the likelihood of success important before proceeding.
Defenses and No-Contest Clauses
Those defending wills can present evidence of proper execution, the testator's capacity, independence of mind, and the reasonableness of the estate plan. Testimony from the drafting attorney, witnesses, and others who knew the testator strengthens the defense. Medical evidence showing cognitive function at the time of signing helps establish capacity.
Many wills include no-contest or in terrorem clauses that disinherit anyone who challenges the will. The enforceability of these clauses varies by state. Some states enforce them strictly, while others only enforce them when the contest was brought without probable cause. Understanding whether a no-contest clause would apply affects the risk analysis for potential challengers.
Outcomes and Consequences
If a will contest succeeds, different outcomes are possible depending on the grounds. Proving the entire will invalid may cause distribution under a previous will or under intestacy laws. Invalidity of specific provisions may leave the rest of the will intact, with only the challenged portions being struck.
Will contests are expensive, time-consuming, and emotionally draining. They often permanently damage family relationships. Parties should carefully consider whether the potential recovery justifies these costs. Sometimes negotiated settlement between interested parties provides a better outcome than contested litigation. Consulting with an experienced estate litigation attorney helps evaluate options and make informed decisions.