When a loved one passes away, their will should, ideally, clearly express their final wishes regarding the distribution of their assets. However, sometimes a will may be challenged through probate litigation. Here’s what you should know.

How are wills contested?

Contesting a will means legally challenging the validity of a deceased person’s will. This process typically occurs during probate.

Not everyone can contest a will. Typically, only those who stand to benefit from the will or who would have received assets under state intestacy laws (if the deceased had no valid will) can bring a challenge. Here are some of the most common grounds:

• Lack of testamentary capacity: This is the claim that the testator (the person who made the will) lacked the mental capacity to understand their assets and what they were doing when they created or signed the will. If the testator was suffering from a cognitive impairment, mental illness or was under the influence of drugs or alcohol at the time the will was made, this could be grounds to contest the will.
• Undue influence: If the testator was coerced or manipulated into making the will in a way that unfairly or unusually benefits someone, this could be undue influence. Undue influence occurs when someone uses pressure, threats or emotional manipulation to force the testator to change their will. For example, a caregiver, close relative or friend may take advantage of a testator to have them alter the terms of the will to favor them.
• Fraud or forgery: This occurs when the will was created under fraudulent circumstances or the signature on the will was forged. Fraud can occur if someone tricked the testator into signing a will by lying about the document’s contents or purpose. Similarly, forgery can involve someone signing the will in place of the testator.
• Improper execution: Wills must meet certain legal requirements to be valid. These requirements vary by state. If these formalities were not followed, the will could be invalidated.
• Revocation: A will may be contested if there is evidence that the testator revoked the will before their death. A testator can revoke a will by creating a new will that explicitly voids the prior one or by physically destroying the original will, such as tearing it up.
• Ambiguities: Sometimes, a will’s language is unclear or contradictory, leading to disputes among the beneficiaries. In such cases, the court may have to interpret the testator’s intent.

If you suspect that a loved one’s will is invalid or doesn’t reflect their true intentions, call James Bart Leonardi, LLC today.