The death of a loved one often comes with emotional stress, and disagreements over their estate can make the grieving process even harder. While most wills are accepted without issue, sometimes questions arise about whether the document is valid or whether it reflects the true wishes of the person who passed away.
Challenging a will is not something to take lightly. Courts require specific grounds before a challenge can move forward.Understanding these grounds can help you know when a contest may be justified and what to expect from the process.
1. Who can challenge a will?
Only certain individuals have the right to contest a will. These include beneficiaries named in the document, heirs who would inherit under state law if no will existed and sometimes creditors with a claim against the estate. If you do not fall into one of these categories, you generally do not have the standing to bring a case.
2. Lack of testamentary capacity
For a will to be valid, the person creating it must have been of sound mind. If evidence suggests they did not understand the extent of their assets, who their beneficiaries were or the legal effect signing the document may bring, the will may be open to challenge.
3. Problems with execution
Each state has formal requirements for creating a valid will, such as having witnesses or proper signatures. If these requirements were not followed, the document may be considered invalid. In addition, the discovery of a more recent will can override an earlier version.
4. No-contest clauses and consequences
Some wills include a no-contest clause that penalizes beneficiaries if they challenge the will and lose. Whether these clauses are enforceable depends on state law, but they add an extra layer of risk for anyone considering a contest.
Challenging a will can have financial and personal consequences, but in some cases, it is necessary to ensure fairness. If you believe a loved one’s will does not reflect their true intentions, seeking timely legal guidance can help you understand your options.