How to Contest a Will
To contest a will, you must have standing, usually as an heir or a beneficiary under this or an earlier will, and file an objection in the probate court before a strict deadline that can be just a few months. Valid grounds include lack of capacity, undue influence, fraud, improper signing or witnessing, forgery, or a later will. Being treated unfairly is not enough. No-contest clauses can put your inheritance at risk.
Most wills are never challenged, and most challenges fail. But when a will was signed under questionable circumstances, a contest may be justified.
Who can contest
Only "interested persons" with standing, typically:
- Heirs who would inherit if there were no will
- Beneficiaries named in an earlier will who receive less under the new one
Legal grounds
| Ground | What must be shown |
|---|---|
| Lack of testamentary capacity | The will-maker did not understand the nature of the act, their property, or their family when signing (Cornell LII) |
| Undue influence | Someone in a position of trust overpowered the will-maker's free will, often with secrecy, isolation or a sudden change benefiting that person (Cornell LII) |
| Fraud | The will-maker was deceived about the document or key facts |
| Improper execution | Signing or witness requirements were not met |
| Forgery | The signature or document is fake |
| Revocation | A later will or act revoked this one |
Disappointment or a belief that the division is unfair is not a legal ground.
Deadlines
Contest deadlines are short and strict, often measured in months from when the will is admitted to probate or notice is given. Missing the deadline usually ends the right to contest.
The process
- Get a copy of the will and the probate filing.
- Talk to a lawyer promptly.
- File an objection or petition in probate court.
- Discovery: medical records, the drafting lawyer's file, witness testimony.
- Mediation, which resolves many disputes.
- Trial if needed.
No-contest clauses
Many wills include a no-contest (in terrorem) clause that disinherits a beneficiary who contests and loses (Cornell LII). Some states will not enforce these clauses if the contest had probable cause. If you receive something under the will, weigh this risk carefully.
What happens if you lose or win
If you win, the will or part of it is set aside, and an earlier will or state intestacy law controls; see dying without a will. If you lose, you may bear your own legal costs and possibly forfeit your share under a no-contest clause.
Trusts
Living trusts can be challenged on similar grounds, with their own deadlines.
An estate planning lawyer or probate litigator can evaluate evidence before deadlines pass.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.