How to Contest a Will

Contesting a will means challenging its validity in probate court. It is a serious legal action with strict requirements.

Who can contest. Only "interested parties" have standing — people who would inherit if the will were invalidated, such as heirs under a prior will or those who would inherit under intestacy laws.

Grounds for contesting a will:

Lack of testamentary capacity — The person who made the will (testator) did not understand what they were doing due to dementia, mental illness, or cognitive impairment.

Undue influence — Someone in a position of trust (caretaker, family member) pressured or manipulated the testator into making or changing the will.

Fraud — The testator was deceived about the nature or contents of the document they signed.

Improper execution — The will was not signed, witnessed, or notarized as required by state law.

Forgery — The signature is not genuine.

Revocation — A newer will or codicil revoked the will being probated.

The process:

File a petition or objection with the probate court before the contest deadline (often 30-120 days after the will is admitted to probate).

Discovery — Gather evidence including medical records, witness testimony, and financial records.

Trial — Present evidence to the judge.

No-contest clauses. Some wills include clauses that disinherit anyone who contests the will. Enforceability varies by state.

Burden of proof. The contestant typically bears the burden of proving the will is invalid.

Outcomes. If successful, the contested will is invalidated and a prior will or intestacy laws govern distribution.

This is legal information, not legal advice.