What is a Will Contest?
A Will contest is a type of litigation challenging the admission of a Will to Probate. Individuals cannot challenge a Will simply because they did not get what they wanted or do not think the provisions of a Will are “fair.” Most Will contests are based on one of the following reasons: • A belief that the testator (the person who made the Will) was subjected to fraud, coercion or undue influence when the Will was created; • The testator lacked mental capacity (was senile, delusional, or of unsound mind) when he or she made the Will; • The Will is a forgery or does not conform to legal requirements; or • The Will contains ambiguities in its provisions. The Court may disallow only the part of the Will that was challenged or throw out the entire Will. The decedent’s property will be distributed according to the last previous Will, or if there is none, as if the person had died without a Will. An attorney can advise you on whether a Will contest makes sense, depending on the specific facts
This is where someone, usually a disgruntled relative, seeks to have the Will declared invalid by filing a lawsuit or other court action while a while is being probated. The disgruntled relative usually feels that they did not get what they were entitled to of your estate. They hope to have the Will declared invalid and hope to gain an increased share. Some of the reasons that Wills are contested include: claims that you were not of sound mind when you created the Will or that you did not understand what you were doing; or that you were under coercion or undue influence. Some states allow “self-proving” wills to help discourage Will contests. Attorneys in these states insert a self-proving affidavit at the end of the Will.
