The Process for Challenging a Will

A will is meant to reflect the final wishes of the deceased and provide legal authority for distributing their assets. Because the deceased is no longer available to clarify their intentions, courts generally treat a properly executed will as legally binding. Unless a will fails to meet certain legal requirements, it is usually considered valid and moves through the probate process.

However, there are circumstances where challenging a will—through a legal action known as a will contest—may be necessary.

Grounds for Challenging a Will

Simply disagreeing with the terms of a will or feeling left out of an inheritance is not enough to invalidate it. A challenger must prove either that:

• Another will exists that is more valid, or
• The will in question fails to meet legal requirements.

Some of the most common legal issues raised in a will contest include:

1. Lack of Testamentary Capacity

A person creating a will (the testator) must have been of sound mind when they signed it. This means they must have understood:

• The extent and value of their property.
• Who they would normally be expected to name as heirs or beneficiaries.
• That they were making a will and how it distributes their property.

If a testator suffered from dementia or another condition that impaired their ability to make informed decisions, a challenger may argue that they lacked testamentary capacity.

2. Undue Influence or Fraud

A will may also be challenged if it was created under pressure, manipulation, or deceit. If someone in a position of power—such as a caretaker or family member—coerced or misled the testator into changing their will, a court may find it invalid.

Sadly, cases of elder abuse sometimes involve individuals taking advantage of vulnerable seniors to gain control of their assets. In many instances, family members do not discover the issue until after their loved one has passed away, leaving them to challenge the will in court.

Navigating a Will Contest

Challenging a will can be legally complex and emotionally difficult, especially during an already stressful time. However, when a will does not truly reflect the testator’s wishes, taking legal action may be necessary to correct an injustice.

If you believe a loved one’s will was created under questionable circumstances, it is crucial to seek guidance from an experienced probate attorney. A knowledgeable lawyer can help you understand your legal options and advocate for a fair resolution.