Will Contests: Understanding the Grounds for Challenging a Will
Introduction
A will is meant to provide clarity and direction for distributing a person’s estate after they pass away. Unfortunately, it can sometimes do the opposite—triggering disputes and legal challenges that fracture family relationships and drain estate resources.
When family members or potential heirs feel they’ve been treated unfairly—or suspect something was amiss in how the will was created—they may decide to contest the will.
As a Certified Probate Real Estate Specialist (CPRES), I’ve seen firsthand how will contests can complicate the probate process, especially when real estate is involved. In this comprehensive guide, we’ll explore the legal grounds for contesting a will, who can bring a challenge, how the process works, and how to protect yourself and your family from unnecessary disputes.
What is a Will Contest?
A will contest is a formal legal challenge to the validity of a will. Essentially, it’s a way for someone who has an interest in the estate—such as a family member, heir, or beneficiary—to ask the court to declare the will (or part of it) invalid.
If a will is successfully contested, the court may set aside the entire will or specific provisions, potentially distributing the estate under state intestacy laws or using an earlier valid will.
Who Can Contest a Will?
Not just anyone can challenge a will. To have standing, you must be an interested party—someone who would benefit or lose financially depending on whether the will is upheld. This usually includes:
✅ Heirs at Law: People who would inherit under state intestacy laws if there were no will (e.g., children, spouse, parents).
✅ Beneficiaries Named in a Prior Will: Individuals who were named in an earlier will but were omitted or had their share reduced in the current one.
✅ Named Beneficiaries in the Will: People who may be affected by the challenge (e.g., if the challenge reduces their share).
Legal Grounds for Contesting a Will
Let’s dive into the five most common grounds for challenging a will:
1️⃣ Lack of Testamentary Capacity
A person must have the mental capacity to understand what they are doing when they sign a will. This includes:
Understanding that they are making a will.
Knowing the nature and extent of their property.
Recognizing the “natural objects of their bounty” (their family and other likely beneficiaries).
If the testator (the person who made the will) was suffering from dementia, Alzheimer’s, or another mental incapacity at the time of signing, the will can be challenged on this basis.
👉 Example: An elderly parent makes significant changes to their will while in the advanced stages of dementia.
2️⃣ Undue Influence
If someone exerts excessive pressure on the testator to change their will—so much that the will reflects the influencer’s desires rather than the testator’s—it can be invalidated for undue influence.
Signs of undue influence include:
A sudden change in the will benefiting one person unexpectedly.
Isolation of the testator from other family members.
Dependence on the influencer for care or support.
👉 Example: A caregiver pressures an elderly person to leave them the family home.
3️⃣ Fraud or Forgery
A will can be contested if it was procured by fraud (e.g., the testator was tricked into signing it) or if the signature was forged.
👉 Example: Someone swaps out pages of a will after the testator has signed it, changing the beneficiary designations.
4️⃣ Improper Execution
Wills must comply with specific legal requirements to be valid. For example:
The will must be signed by the testator.
It must be witnessed by the required number of witnesses (usually two).
The witnesses must sign in the presence of the testator.
Failure to meet these requirements can render the will invalid.
👉 Example: A will is signed in a hospital room but only one witness is present instead of two.
5️⃣ Revocation
A will is invalid if it was properly revoked—either by executing a new will or physically destroying the old one with the intent to revoke.
👉 Example: The testator tears up an old will after creating a new one but the old will is later submitted to probate by mistake.
The Will Contest Process
Let’s walk through how a will contest unfolds:
Step 1: Filing an Objection
The interested party files a petition in probate court challenging the will’s validity, usually soon after the will is filed for probate.
⏳ Timing Matters: There’s typically a limited window (often 30-90 days) to file an objection after being notified of the will’s probate.
Step 2: Gathering Evidence
The contestant gathers evidence to support their claim—such as medical records (for capacity challenges), witness statements, financial documents, or handwriting analyses (for forgery claims).
Step 3: Discovery
This is the legal process of gathering information from the other side, including depositions, interrogatories, and requests for documents.
Step 4: Mediation or Settlement
Many courts encourage mediation before trial, giving the parties a chance to settle the dispute privately.
👉 Tip: As a CPRES, I often help facilitate property valuations and neutral appraisals that can be critical in reaching a fair settlement.
Step 5: Trial
If no settlement is reached, the case goes to trial, where the judge (and sometimes a jury) decides the will’s validity.
How Real Estate Often Triggers Will Contests
Real estate is often the largest and most emotionally charged asset in an estate. It’s no surprise that property issues often spark will contests:
🏠 Unequal Distribution: One sibling receives the family home while others feel left out.
🏚️ Questionable Transfers: The testator sells or gifts property shortly before death under suspicious circumstances.
💸 Valuation Disputes: Conflicts arise over how much a property is worth—affecting inheritances.
As a CPRES, I help families and attorneys:
✅ Provide neutral real estate valuations to avoid disputes.
✅ Manage property sales in accordance with probate requirements.
✅ Document property transactions to protect fiduciaries from accusations of wrongdoing.
How to Minimize the Risk of a Will Contest
While you can’t always prevent a will contest, you can take steps to reduce the risk:
✅ Use a Qualified Estate Planning Attorney: DIY wills are more likely to face challenges.
✅ Include a No-Contest Clause: This can discourage frivolous lawsuits by penalizing beneficiaries who contest without good cause.
✅ Communicate with Heirs: Let them know your plans to avoid surprises and resentment.
✅ Document Your Capacity: Medical evaluations and video recordings can show you were of sound mind.
✅ Update Your Estate Plan Regularly: Life changes—so should your plan.
The Role of a CPRES in Will Contests
As a Certified Probate Real Estate Specialist, I provide crucial support during will contests:
🏠 Real Estate Valuation: Offering unbiased appraisals that help resolve disputes over property value.
💼 Supporting Attorneys: Collaborating with legal teams to provide documentation and expert opinions on property transactions.
🤝 Facilitating Sales: Managing the sale of estate property in compliance with court orders, ensuring fair and transparent processes.
🔍 Reducing Conflict: Acting as a neutral party to help families navigate emotional decisions about real estate.
Conclusion
Will contests are among the most contentious and challenging aspects of probate. Understanding the grounds for challenging a will—and how to avoid or resolve disputes—can save families time, money, and emotional pain.
As a Certified Probate Real Estate Specialist, I’m dedicated to helping families, attorneys, and fiduciaries navigate the complexities of probate real estate and minimize conflicts over property. If you’re facing a will contest or want to proactively protect your estate plan, let’s connect.
💬 Questions about will contests? Drop them below—I’d be honored to help!
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