Common Reasons Probate Gets Contested

A Will contest is a legal challenge filed during probate by an interested party (usually an heir or beneficiary) who seeks to have the court declare the Will invalid. Contesting a Will is difficult and expensive, but it often occurs when a family member is unexpectedly disinherited or receives a significantly smaller share.

Legal Grounds for Contesting a Will

The challenge must be based on a legally recognized reason, not simply dissatisfaction with the distribution.

1. Lack of Testamentary Capacity:

   • Claim: The person who signed the Will (the Testator) did not possess the legal capacity or sound mind to understand what they were signing (e.g., they were suffering from severe dementia or under heavy medication).

2. Undue Influence:

   • Claim: The Testator was forced, manipulated, or coerced by a person in a position of power (e.g., a caregiver, a manipulative child) into writing the Will to favor that person. The Will does not reflect the Testator's true wishes.

3. Improper Execution:

   • Claim: The Will was not signed according to the specific legal formalities of the state. This often involves issues like a missing witness signature, an improperly notarized signature, or a signing that was not witnessed correctly.

4. Fraud or Forgery:

   • Claim: The Will was forged, or the Testator was tricked into signing a document they believed was something else (e.g., told they were signing a tax form).

The Goal of a Contest

If a Will contest is successful and the Will is thrown out, the estate is typically distributed in one of two ways:

1. According to the terms of a previous, valid Will.
2. According to the state's intestacy laws (if no prior valid Will exists).

Will contests are almost always costly to the estate, forcing significant assets to be spent on legal fees.