Contesting a will means asking a probate court to declare it invalid. It is difficult and expensive, and deadlines are short.
Who can contest
Only "interested persons" with standing can contest, usually heirs who would inherit under state law without the will or beneficiaries named in a prior will. A person who simply feels it is unfair usually cannot.
Common grounds
- The person lacked mental capacity when signing.
- Undue influence by someone who pressured them.
- Fraud or forgery.
- The will was not signed or witnessed properly.
- A later will or revocation exists.
Deadlines
Deadlines to file a contest can be short, sometimes only a few months after the will is admitted to probate or after notice. Check your state quickly. Missing the deadline can end your right.
Practical steps
- Get a copy of the will and any prior wills.
- Gather evidence such as medical records, witnesses and communications.
- Talk to a probate litigation attorney early.
- Check whether the will includes a no-contest clause, which can penalize beneficiaries who challenge it.
- Consider mediation or settlement.
Frequently asked questions
Is it easy to prove undue influence?
No. It requires strong evidence.
Can I contest if I was left out?
Only if you have standing and valid grounds.