Demystifying Will Contests: Understanding Grounds and Varied Legal Landscapes
Posted August 25, 2025
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In the realm of estate planning, while most wills pass through probate without issue, there are instances where the validity of a will is challenged. Such legal disputes, known as "will contests," can be emotionally charged and legally complex. This article provides an overview of will contests, the most common grounds for such challenges, and the variations in laws across states.
What is a Will Contest?
A will contest is a formal objection raised against the validity of a will, based on the contention that the document does not reflect the actual intent of the testator (the person who made the will).
Common Bases for Will Contests
Lack of Testamentary Capacity: This is perhaps the most common ground for challenging a will. It asserts that the testator did not possess the mental capacity to understand the implications of their actions when they made the will. This could be due to dementia, mental illness, or other conditions affecting judgment.
Undue Influence: This ground claims that the testator was pressured or coerced into drafting the will a certain way, typically benefiting the influencer at the expense of other potential beneficiaries.
Fraud or Forgery: Here, it's contended that the will is not genuine. It could be that the testator was tricked into signing a false document or that the entire will or portions of it were forged.
Improper Execution: Every state has specific requirements for a will to be valid, often concerning how it's signed and witnessed. If these protocols aren't adhered to, the will's validity can be challenged.
Revocation: This basis posits that the testator revoked the will in question, often by creating a newer will or by physically destroying the original.