What are the Grounds for Contesting a Will?

Usually, a will streamlines the probate process. A will clarifies the wishes of the testator (person who makes a will), so the estate goes to designated beneficiaries. However, wills aren’t always crystal clear. More than one version of a will may be floating around, or someone may “discover” a hidden codicil. Or, a will may contain provisions that simply don’t seem like they reflect the wishes of the testator, or the testator’s personality.

In these cases, heirs and other interested parties should always speak to a St. Petersburg estate planning lawyer. No one wants a long, drawn-out, and expensive fight in probate court. But some things are worth fighting for. Additionally, most probate matters, and other litigation matters, settle out of court. That’s especially true for will contest proceedings. Once Sarah knows that Bill has partnered with a St. Petersburg estate planning lawyer and he really means business, Sarah often gives in.

Lack of Testamentary Capacity

Heirs and other parties cannot challenge wills just because they don’t like the outcome or distribution. The challenging party must have a legal basis for disputing the will, and must present evidence to substantiate those points.

One of the most common reasons to contest a will is the claim that the testator lacked the mental capacity to do so at the time the will was executed.

Testamentary capacity basically means that, at the time the will or other instrument was signed, the testator understood what it meant to make a will, knew the extent of his/her property, and recognized children, spouses, and other natural beneficiaries.

If the testator suffered from dementia or mental illness, or was under the influence of medication or substances that impaired judgment, a will or other instrument may not hold up in court.

Undue Influence

This basis is a very close second. Family and non-family caregivers often have outsized influence over the people they take care of.

Basically, undue influence is intentionally exerting pressure that overcomes the testator’s free will. That intent refers to the conduct, not the result. If Nurse Lisa repeatedly tells Max how much she likes his car, and Max bequeaths the car to her instead of his son, Lisa may have exerted undue influence over Max.

Other evidence on this point might include isolation of the testator, sudden changes in the will, or a weakened mental or physical state making the testator more susceptible to undue influence.400

Fraud or Forgery

Fraud is deceiving the testator into signing a will or changing its terms under false pretenses. Forgery is faking the testator’s signature or altering the will after it was signed.

Improper Execution

Each jurisdiction has specific requirements for executing a valid will, including the need for signatures, witnesses, and sometimes notarization. If a will does not comply with these formalities, it’s invalid as a matter of law. Handwritten (holographic) wills are usually legal, but many courts closely scrutinize such instruments.

Revocation

Revocation is usually a more recent will that supersedes the contested one, or proof that the original will was physically destroyed with the intention of revoking it. If multiple wills exist, courts will determine which is valid based on execution dates and other evidence, such as proper execution.

Rely on a Detail-Oriented Sarasota County Lawyer

The essential estate planning process isn’t as complicated as many people believe it is. For a confidential consultation with an experienced estate planning lawyer in Bradenton, contact Drude Tomori Law. After hours visits are available.