Will Contests: Who Has Legal Standing and How To File

When a family member or loved one dies, you may expect to get something in their will. If you’re not named as a beneficiary or only get a small inheritance, you may suspect something is wrong with the will. You can challenge the will if you can prove there was undue influence, fraud, or forgery. But to challenge a will, you need legal standing. 

Standing refers to your legal right to bring a lawsuit or file a claim in court. To have standing, you must have some connection to the case, not just a general complaint. 

There is a limited amount of time to contest a will. An estate planning and probate attorney can explain the grounds to contest a will and determine if you have standing to file a claim. For legal advice about challenging a will, talk to a local estate planning and probate attorney. 

What Does It Mean To Contest a Will?

Contesting a will refers to challenging the will’s provisions, such as the distribution of assets or how the estate is managed. In most cases, people challenge the will because they think it was improperly altered, that another will exists, or that someone exerted undue influence to change it. 

If someone contests a will, the court will generally pause the probate process. This can lead to long delays and court costs for the parties involved in the will contest. If the challenger successfully contests the will, the probate court can invalidate it, alter the distribution of assets, or disqualify certain beneficiaries. However, successfully challenging a will is often an uphill battle.

The executor is responsible for winding up the estate and distributing assets according to the will. This involves identifying all assets and debts, paying creditors and paying taxes, selling property, and eventually distributing assets to the beneficiaries. After final distribution, the estate is closed.  

Can Anyone Contest a Will?

To challenge a will in court, you need something called “standing.” Standing in a will contest generally requires some involvement in the estate and often involves: 

• A named beneficiary 
• A beneficiary under a previous will
• A beneficiary under intestacy law (if the decedent died without a will)
• Creditors
• Dependents

For example, a widow with two adult children has an in-home caregiver. After the widow dies, the children discover their parent made a late change to the will, giving everything to the caregiver. The children have standing to sue because, under a prior will or under intestate succession, they would have inherited but for the change to the will. 

No-Contest Clauses: Disinheriting Those Who Challenge a Will

When someone makes a valid will, they don’t intend for anyone to challenge it. Some wills have provisions that any heir or beneficiary who challenges the document will lose their inheritance. No-contest clauses for wills are valid in most states.  

For example, a parent dies, leaving everything to their two children. The parents leave 60% of their property to the daughter and 40% to the son. There is a no-contest clause. The son challenges the will, claiming they should get at least 50% of everything. The son loses the claim, and the daughter inherits 100% of the property.

Common Reasons To Challenge a Will

You need a valid reason to contest a will. You can’t challenge a will just because you don’t like the result or you think it’s unfair. There are specific legal grounds to challenge the validity of a will, including: 

Lack of Capacity

You need to have the mental capacity to make decisions about your estate after you pass away. Some wills contain the phrase “being of sound mind” to refer to the testator’s mental capacity. This may be a basis for contesting a will for people who may suffer from cognitive impairment or memory problems.

If someone alleges the testator had a mental or health condition where they could not understand what they were doing at the time, they may have a lack of testamentary capacity necessary to make a will. 

Undue Influence

Undue influence involves a party taking advantage of the testator to make a will in their favor. Someone can convince the testator to make a new will by taking advantage of their mental impairment, making threats, isolating them, or coercing them to make the changes.

Parties who may use pressure to induce changes in the will include: 

• Caretakers
• New romantic interests
• Family members
• Friends
• Healthcare professionals
• Spiritual advisors

Revocation or Replacement

A new will automatically revokes and replaces any prior wills or codicils. The testator can also intentionally revoke a will by destroying the will. When the will is revoked, it is no longer valid. 

If you think that a more recent will exists, then the newer will would revoke any prior will. However, you will likely need some evidence that the testator made an updated will. Simply claiming a later will may not be enough.

Improper Execution

A will must meet certain legal requirements to be valid. The requirements are generally very basic but still required. The specific requirements vary by state.

Generally, a will must be attested (signed) by the testator in front of two disinterested witnesses. The witnesses must also sign the will. In most states, a notary is not required, but a notary’s signature makes the will self-proving, so the witnesses don’t have to appear in court to validate the will. 

If a will does not meet the state requirements for a valid will, someone can challenge its validity. For example, if an heir reports they have a new will and are also a witness, it may not be valid because they are an interested party. 

Fraud or Forgery

Fraud involves making false representations to deceive another person into parting with something of value. The court can void an inheritance due to fraud.

Forgery involves someone else signing a will as if they were the testator. If someone else signs the document or fakes the testator’s writing, the will is invalid. Forgery is also a crime. 

How To File a Challenge to the Will

If you suspect a will is false, invalid, or does not represent the most recent will of the decedent, you can challenge the will if you have standing.

You must file a petition with the probate court to challenge the will. You’ll have to show that you have standing and provide your justification for challenging the will. 

There is generally a deadline for filing a notice and petition with the court. If you miss the deadline, you may lose your right to contest the will. It takes time to gather evidence to challenge the will. Contact an estate law attorney as soon as possible so they can take steps to file your challenge with the court. 

Can You Contest a Will After Probate?

After the close of probate, you can still contest a will, but there are strict deadlines and limited grounds for reopening an estate after probate. The time limits to contest a will after probate vary by state law. If you want to contest a will after probate, talk to an estate law attorney to see if you still have a claim. 

Legal Advice for Will Contest Questions

The probate process is unfamiliar to most people, and they don’t know where to start to challenge a will. Will contests require you to have standing and a legal basis to challenge the will. An attorney can explain the will contest process and explain your legal rights.

There is a limited time to contest a will under the statute of limitations. Contact a local estate planning lawyer for more information about contesting a family member’s will.