Discovering that a loved one’s will doesn’t reflect what you believe were their true intentions can be both emotionally challenging and legally complex. Whether you suspect fraud, undue influence, or question the testator’s mental capacity, contesting a will requires understanding specific legal grounds and processes. At HV Legal, we’ve guided numerous clients through successful will contests, and we’re sharing essential information to help you understand what’s involved.
Who Can Contest a Will?
Before considering a will contest, you must establish that you have legal standing to challenge the document. You generally have the right to contest a will if:
- You were a beneficiary in a prior will
- You are a beneficiary in the current will
- You are named in a newer will made after the one in question
- You would be an heir if there were no will and intestacy law applied
Only individuals with a direct financial interest in the outcome of the estate distribution have legal standing to challenge a will. This typically includes beneficiaries named in a previous will, heirs-at-law (close relatives who would inherit under state intestacy laws), and in some cases, individuals who were financially dependent on the deceased.
Remember, simply being unhappy with what you inherited is not a valid reason to contest a will. Courts require specific legal grounds to invalidate a testamentary document.
Valid Grounds for Contesting a Will
Courts typically require people to argue that a will is invalid for specific reasons, such as:
- The person wasn’t of sound mind when they made the will
- The will wasn’t signed or witnessed properly
- The person was “in a weakened mental state” and somebody influenced them
- Someone pressured the person to make will provisions against their wishes
- Someone lied to the person to influence how they divided their property
- The person was tricked into believing they were signing something else
Let’s examine each of these grounds in more detail:
Lack of Testamentary Capacity
Testamentary capacity refers to a person’s mental ability to create or amend a will. To possess the capacity to create a valid will, the testator must be of sound mind, which primarily involves comprehending the nature of the act, the extent of their property, and recognizing the beneficiaries of their estate.
Generally, a person must understand what they own and its value, who their natural heirs are, what they are giving, and to whom. If you have evidence that the testator didn’t understand these elements when signing the will, you may have grounds for a contest.
Undue Influence
Undue influence occurs when the testator is excessively persuaded, often covertly, by an individual to make decisions that drastically alter their estate plan. Signs of undue influence include a will that deviates significantly from the testator’s known intentions or prior drafts, and disproportionate benefits to one individual, especially if that person was in a position of trust or power over the testator.
Matthew Erskine, of Erskine & Erskine in Worcester, Massachusetts, explains, “Usually, successful will contests are when the deceased makes a sudden and unusual change in their estate plan, and there is evidence of undue influence.”
Fraud or Forgery
Fraud and forgery concerns often manifest in two primary ways: creation or alteration of a will through deceptive practices that don’t reflect the testator’s true intentions, and execution of legal documents through forged signatures or documents signed under duress or manipulation.
Improper Execution
For a will to be considered valid, specific criteria must be met at the time of its execution. The individual who signed the will must have done so voluntarily, without undue influence, and with the mental capacity to understand the document’s implications.
Each state has its own laws about what a will must contain. If the will does not meet those requirements, it may be invalid. For example, some states do not permit handwritten wills that have no witnesses, while others do. Some states require two witnesses to a will, while others require three.
The Process of Contesting a Will
Once you’ve determined that you have legal standing to contest a will, the next step is the legal procedure, which typically involves these key steps:
- Consult an Attorney
Contesting a legal document such as a will can be an uphill battle, so it’s best to get some solid legal advice about your chances before you do anything. An estate planning or probate lawyer can let you know what your options are and help you navigate the process of contesting a will.
- Understand Time Limitations
Find out what the statute of limitations is on a will challenge in your state. This is the time period in which you must file legal papers. If the deadline passes and you haven’t filed anything, you lose your right to challenge the will. It could be weeks, months, or years from the date of death or filing of the will with the court.
The length of time you have to contest a will depends on the statute of limitations in your state. For instance, in Illinois, individuals who want to challenge a will must contest the will within six months after it has been admitted to probate.
- File a Petition in Probate Court
The initial step is filing a caveat with the clerk of the superior court to be entered into the estate file. This document outlines the reasons for contesting the will and includes supporting evidence.
To challenge the will, you need to file a petition in the state probate court. The petition notifies the court and the estate that you are contesting it. Each state has its own forms and probate process, so you should check with the probate court office or hire an attorney to learn how to file a petition in your state.
- Gather Evidence
Next, you will need to gather evidence to support your case. Evidence can include different versions of the will, medical records, and witness testimonies. For example, you might need to get medical records to prove that your loved one was suffering from memory problems, or statements from witnesses who observed the decedent’s behavior around the time when the most recent will was drafted.
- Legal Proceedings
Your case could settle, or it could go to a hearing. The court process can involve discovery (gathering evidence), depositions (questioning parties under oath), mediation (dispute resolution with a neutral third party), and hearings where the court will examine evidence and determine the will’s validity.
What Happens If a Contest Is Successful?
The results of a successful will contest depend on the specific grounds on which the challenge was upheld and the laws of your state. If the judge/jury finds the entire will invalid, the estate will be distributed according to your state’s intestacy laws, or a previous valid will might be brought forward. If only certain parts of the will are deemed invalid, the remaining valid portions would still be upheld.
Considerations Before Contesting a Will
Cost
Even if you have a good case, cost is something you should definitely consider before you go through the process. Especially if you end up needing to hire an attorney, you should expect it to cost quite a bit before you’ll come to any sort of resolution. Some estimates put the cost to contest a Will at anywhere from $10,000 – $50,000.
The cost of contesting a will can run into the thousands of dollars when you consider expenses like fees for estate planning attorneys, who typically charge by the hour, court costs, which vary by jurisdiction, and the value of your time to deal with the process. Weigh the costs of contesting a will against the value of what you hope to gain to determine whether the effort is financially and emotionally worthwhile.
No-Contest Clauses
A no-contest clause is a provision that aims to deter beneficiaries from contesting the validity of a will. Including a no-contest clause can serve as a proactive measure to help ensure the testator’s wishes are carried out smoothly.
Also called an “in terrorem” or forfeiture clause, this states that a beneficiary who contests the will loses some or all of their inheritance. Not all courts recognize these clauses, and where they are allowed, people might instead ask a court to “interpret” the will to avoid appearing to contest the will.
Success Rate
It’s important to be aware that successful will contests “are extremely rare,” according to Steven J.J. Weisman, of Margolis & Bloom, LLP and lecturer at Bentley University in Massachusetts.
Contact Our Experienced Estate Litigation Attorneys
Contesting a will is a serious legal matter that requires careful consideration and expert guidance. If you believe you have grounds to challenge a will, the experienced estate litigation attorneys at HV Legal can help you understand your options and develop a strategic approach.
Time is of the essence in will contests, so don’t delay. Contact us today at 440-578-7827 to schedule a consultation. Our team will provide the personalized attention and skilled representation you need to protect your interests during this challenging time.
To learn more about estate planning and probate litigation, visit these helpful resources:
- Cornell Law School’s Legal Information Institute: https://www.law.cornell.edu/wex/will_contest
- Nolo’s Legal Encyclopedia: https://www.nolo.com/legal-encyclopedia/grounds-challenging-will-30288.html
- American Bar Association’s Estate Planning Information: https://www.americanbar.org/groups/real_property_trust_estate/
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney about your specific circumstances.
