Can I Challenge a Will and How to Do It?

Information is out of date

Who can contest a will?

You must know that winning will contests are extremely rare. Before you do anything else about a will you have a problem with, you should consult a will lawyer. Generally, you have the right to contest the will if:

- You were the beneficiary of a previous will

- You are a beneficiary of the current will

- You are the beneficiary of a newer will drafted after the one under consideration

- If there was no will and intestacy law, you would be an heir (this includes spouses, children, and maybe parents, siblings, and other relatives, depending on the family tree).

When can you challenge a will?

Once you have legal standing to dispute the will, you must also have a legal cause to do so, known as the grounds. Being unhappy with what you inherited is not a sufficient excuse.

The most common misunderstanding is that a commitment to give you something in their will is enforceable against the estate. 

These are the general reasons a will can be challenged:

- Lack of testamentary capacity: This signifies that the testator (the person who made the will) was not psychologically capable of doing so (this is frequently referred to as "being of sound mind"). In general, a person must grasp what they possess and its value, as well as who their natural heirs are, what they are donating, and to whom. You can dispute the will if you believe the testator did not grasp those three points. 

- Fraud, undue influence, or forgery: The will can be challenged if the testator created it under duress (forced to do so), was duped into signing it, or their signature was forged. 

- Another will: There is a reason to oppose a will that is newer than the one being probated. There may be occasions when it is unclear which will is the most recent, which can be grounds for a legal challenge.

- State requirements not met: Each state has its regulations governing what a will must include. If the will does not match those criteria, it may be declared invalid. Some states, for example, do not allow handwritten wills with no witnesses, whilst others do. A will must be witnessed by two people in some states and three people in others. Another complication is that the will must meet the laws of the state in which the testator resided to be legitimate. So, if the testator was a Texas resident, but the will was prepared in Wisconsin and followed Wisconsin law rather than Texas law, it might not be legal.

If you are unsure if you have grounds, you should consult with a lawyer. 

How do you challenge a will?

The legal procedure begins once you've concluded that you have standing and reasons to contest a will. First, figure out what the statute of limitations is in your state for a will challenge. This is the deadline for submitting legal documents. If the deadline passes without you filing anything, you lose your right to contest the will. It could be weeks, months, or years after the death or the filing of the will with the court.

To contest the will, you must submit a petition in the state probate court where the will is being investigated. You can verify with the probate court office or employ an attorney because each state has its unique forms. The petition informs the court and the estate that you want to dispute it. Your matter could be settled or heard in court. The judge will decide whether or not the will is valid.

A will challenge may be an uphill battle, so it's advisable to get legal counsel about your chances before proceeding.