Legal Grounds for Challenging a Will

Understanding the Basics of Will Contests

A last will and testament is a legal document that outlines how a person's assets will be distributed after their death. In most cases, the terms of the will are carried out as written. However, there are situations where the validity of a will may be questioned. This is known as a will contest.

Will contests are legal disputes that arise when someone challenges the validity of a will. These disputes can be emotionally charged and complex, often pitting family members against each other. Understanding the grounds for contesting a will can help you protect your rights and the wishes of your loved one.

There are several reasons why someone might contest a will:

• They believe the will doesn't reflect the true wishes of the deceased.
• They think the deceased lacked the mental capacity to make a will.
• They suspect the will is a forgery or was improperly executed.

The most common legal grounds for challenging a will are undue influence, lack of testamentary capacity, and procedural flaws. Let's take a closer look at each of these.

Undue Influence: When a Will Doesn't Reflect True Wishes

Undue influence occurs when someone exerts pressure on the person making the will (the "testator"), causing them to make provisions they wouldn't have otherwise made. This often involves a person who is in a position of trust, such as a caregiver, manipulating or coercing the testator.

Signs of undue influence may include:

• Sudden, unexplained changes to a will, especially after the testator becomes ill or dependent
• The testator isolating themselves from family and friends
• A caregiver or advisor having control over the testator's finances

To prove undue influence, you must show:

1. The testator was susceptible to pressure due to illness, age, or mental state.
2. The influencer had the opportunity to exert control, such as by living with the testator.
3. The influencer benefited from the changes to the will.

Proving undue influence can be challenging, as it often happens behind closed doors. Evidence may include testimony from witnesses, medical records showing the testator's state of mind, and financial records indicating control.

Lack of Testamentary Capacity: The Mental Ability to Make a Will

For a will to be valid, the testator must have "testamentary capacity" - the mental ability to understand:

• That they are making a will
• The nature and extent of their property
• The "natural objects of their bounty" - the people one would normally provide for, like a spouse or children
• How the will distributes their property

Challenges based on lack of capacity often arise when the testator had Alzheimer's, dementia, or other cognitive impairments. Some key signs of incapacity include:

• Memory loss, confusion, disorientation
• Inability to understand simple concepts
• Delusions or hallucinations

Age or illness alone doesn't prove incapacity. The crucial question is whether, at the time they signed the will, the testator met the above criteria. This is often determined by medical records, testimony from the attorney who prepared the will, and witnesses to the signing.

If the court finds the testator lacked capacity, the will is invalid. The estate will then be distributed either according to a prior will or intestacy laws if no prior will exists.

Procedural Flaws: When a Will Isn't Legally Valid

Even if a will reflects the testator's true wishes, it can be challenged if it doesn't meet the state's legal requirements. These requirements vary, but most states require:

• The testator is at least 18 years old
• The will is in writing (handwritten or typed)
• The testator signs the will
• Two witnesses watch the testator sign and then sign the will themselves

Some common procedural flaws include:

• The testator didn't sign the will
• There are no witness signatures or only one witness
• The witnesses weren't present when the testator signed
• The will wasn't properly notarized (if required in that state)

If a court finds the will doesn't meet the state's requirements, it's invalid. The court will then look for a prior, validly-executed will. If none exists, the estate will be distributed according to intestacy laws.

Some states allow "holographic" or handwritten wills that don't require witnesses. However, these are more easily challenged, as it can be hard to prove the testator's handwriting or intent.

Signs a Will Might Be Invalid

If you're concerned about the validity of a loved one's will, watch for these red flags:

1. Sudden changes: Unexpected, major changes made shortly before death, especially after an illness diagnosis or a new person enters the testator's life.

2. Isolation: The testator withdrawn from family, often under the control of one person.

3. Favoritism: One person receiving substantially more than others who would normally be equal recipients.

4. Mental decline: Signs the testator was confused, forgetful, or delusional around the time the will was made.

5. Secrecy: The will was prepared in secret or the family wasn't informed.

6. Sloppiness: The will contains errors, cross-outs, or isn't properly signed and witnessed.

Of course, these signs don't always mean a will is invalid. But they can indicate the need to look closer. Consult an attorney experienced in estate challenges if you suspect a problem.

The Process of Challenging a Will

If you decide to challenge a will, act promptly. Most states have short time limits, often just a few months after the will enters probate.

The process begins by filing a challenge with the probate court. You'll need to specify the grounds for the contest, such as undue influence or incapacity. The court will then schedule a hearing.

Before the hearing, both sides can request documents and witness testimony through "discovery." This can include medical and financial records, and depositions (sworn out-of-court testimony) from witnesses.

At the hearing, both sides present evidence and argue their case. The judge then issues a decision, either upholding the will or finding it invalid.

Will contests can be lengthy and expensive. They often involve extensive legal filings, multiple court appearances, and expert testimony from medical and forensic specialists. Consider the costs carefully before proceeding.

Potential Outcomes of a Will Contest

If the court finds the will is invalid, several outcomes are possible:

1. Prior Will: If the deceased had a prior, validly-executed will, it will control. The estate will be distributed according to its terms.

2. Intestacy: If there's no prior will, the estate will be distributed according to the state's intestacy laws. These laws specify who inherits based on their family relationship to the deceased.

3. Partial Invalidity: In some cases, only part of the will might be found invalid. The rest of the will is then enforced as written.

4. Settlement: Many will contests end in settlement. The parties negotiate a distribution they can all accept, often to avoid further legal costs and uncertainty.

Even if a challenge succeeds, the outcome may not be what you hoped. You might receive less than under the invalidated will. Or the court costs might deplete the estate. Carefully weigh the likelihood of success against the potential downsides before proceeding.

Preventing a Will From Being Challenged

If you're making a will, you can take steps to reduce the likelihood of a challenge:

1. Capacity: Ensure you're of sound mind when making your will. Consider a medical evaluation if there could be doubts.

2. Undue Influence: Don't let anyone pressure you about your will's contents. Avoid making major changes if you've become dependent on someone.

3. Communication: Let your family know your wishes. Surprises can lead to suspicion.

4. Lawyer: Have your will prepared by an experienced estate lawyer. They can ensure it's properly executed and help show you understood its contents.

5. No-Contest Clause: Consider including a provision that disinherits anyone who challenges the will. Be aware, however, that these clauses are not enforceable in all states.

6. Explain Yourself: If your will treats family unequally, consider leaving a letter explaining why. This can help show your choices were intentional.

While nothing can absolutely prevent a challenge, these steps can make a contest less likely to succeed. Consult your estate planning lawyer for guidance.

Moving Forward: First Steps If You Suspect an Invalid Will

If you believe a loved one's will is invalid, your first step should be to consult an experienced estate litigation attorney. Many offer free initial consultations. An attorney can review the facts, explain the law, and assess the strength of your case.

Remember, contesting a will is a major decision. It can be costly, time-consuming, and emotionally draining. It can also cause irreparable rifts in your family. Consider whether the outcome is worth the personal and financial cost.

If you do move forward, gather all relevant documents, such as:

• The disputed will
• Prior wills
• Medical records
• Financial records
• Communications about the will

Your attorney will need as much information as possible to evaluate your case.

Most importantly, don't delay. Strict time limits apply to will challenges. Contact an attorney as soon as possible to protect your rights.