At our firm, we help guide clients through the complex legal process following a loved one’s death. One of the more common questions we receive concerns the grounds on which a will can be contested. Contesting a will is serious and often emotional, as it involves questioning the deceased’s final wishes. However, under certain circumstances, legal grounds exist to challenge the validity of a will.
There are generally four primary legal grounds on which a will can be contested. Each ground requires specific evidence, and it’s important to note that contesting a will is not a simple or quick process. Courts take these matters very seriously, and the burden of proof rests on the person contesting the will.
Ground 1: Lack of Testamentary Capacity
The first and most common ground for contesting a will is a lack of testamentary capacity. The person creating the will, known as the “testator,” must be of sound mind when executing the document. To have testamentary capacity, the testator must:
- Understand the nature of the act of creating a will.
- Know the extent of their property.
- Be aware of the natural beneficiaries (those who would typically inherit).
- Understand the effects of the will’s provisions.
Suppose the testator had dementia, Alzheimer’s disease, or any other mental impairment that affected their ability to understand these elements at the time of creating the will. In that case, arguing that they could not execute a valid will may be possible. Lack of capacity can be challenging to prove, often requiring medical records, testimony from those close to the testator, or evidence showing the testator’s state of mind when the will was signed.
Ground 2: Improper Execution
A will must be executed following strict legal formalities; if these procedures are not followed, the will may be deemed invalid. In many jurisdictions, the requirements for executing a valid will include:
- The will must be in writing.
- The testator must sign the will.
- The signing must be witnessed by at least two disinterested witnesses (people who are not named beneficiaries).
- The testator must declare to the witnesses that they are signing their last will and testament.
If an attorney executed a will, it is typically presumed to have been done correctly because the attorney would have ensured compliance with legal formalities. However, wills created without an attorney, such as those done through online legal services or handwritten wills, often do not enjoy the same presumption of proper execution. Any deviation from the prescribed process, such as the absence of required witnesses or improper signing, can be grounds to challenge the will’s validity.
Ground 3: Fraud or Forgery
Another reason to contest a will is if there is evidence of fraud or forgery. Fraud occurs when the testator is tricked or misled into signing a will or when they believe they are signing a different document. On the other hand, forgery involves someone other than the testator signing the will or altering its contents without the testator’s knowledge or consent.
In cases of fraud, the challenging party must prove that the will does not reflect the testator’s true intent. For example, a beneficiary may have intentionally provided false information to the testator, leading them to change the will in a way they would not have done otherwise. In the case of forgery, forensic handwriting experts may be called in to analyze the signatures and determine whether they are genuine. Proving fraud or forgery requires substantial evidence, but if successful, it can invalidate the will.
Ground 4: Undue Influence
The final common ground for contesting a will is undue influence. This occurs when someone exerts so much control or influence over the testator that the testator’s free will is overridden. Essentially, the person exercising the influence manipulates the testator to the point where the testator is no longer acting independently.
Undue influence can be challenging to prove because it often occurs behind closed doors, away from witnesses. However, the following factors may indicate undue influence:
- The beneficiary had a close relationship with the testator and was involved in drafting the will.
- The testator was isolated from other family members or friends.
- The will contains unusual or unexpected provisions, such as leaving most or all of the estate to one person who was not a natural beneficiary (e.g., a caretaker).
- The testator was in a weakened physical or mental state and relied heavily on the influencer for care or decision-making.
In undue influence cases, courts look at the relationship between the testator and the alleged influencer, the timing of the will, and whether the testator was vulnerable or dependent on the person exerting influence.
We’re Here to Help
Contesting a will is a serious legal undertaking that should not be taken lightly. The four primary grounds for contesting a will—lack of testamentary capacity, improper execution, fraud or forgery, and undue influence—require substantial evidence and often involve complex legal arguments. If successful, the result can be that the will is invalidated, and the estate is distributed according to the previous will, or, if not earlier, will exist under the rules of intestacy.
If you believe you have grounds to contest a will, it’s crucial to consult with an experienced attorney who can guide you through the legal process and help you understand your rights. At Miller & Miller Law Group, we provide legal insights and support during these difficult times.
Contact us today for a comprehensive consultation, and mention this article for a focused discussion on your specific needs.
This article is a service of Miller & Miller Law Group. We do not just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love.