Legal Definitions - will contest

A will contest is a legal proceeding that occurs during the probate process, where an interested party challenges the validity of a deceased person's last will and testament. The core question in a will contest is whether the document presented to the court is truly a legally sound and legitimate will, not simply whether someone disagrees with its contents.

Those who initiate a will contest, known as "contestants," must be "interested parties." This generally means individuals who would either inherit more, or inherit differently, if the contested will were deemed invalid (for example, beneficiaries under a previous will, or heirs under state law if no valid will exists).

Common legal grounds for disputing a will's validity include:

• Lack of Testamentary Capacity: The person who made the will (the "testator") did not possess the necessary mental ability to understand the nature of their assets, their beneficiaries, or the act of making a will at the time they signed it. This could be due to severe illness, dementia, or other cognitive impairments.
• Undue Influence: Someone exerted improper pressure or manipulation over the testator, causing them to create or change their will in a way that benefits the influencer, rather than reflecting the testator's true wishes.
• Fraud: The will was created or signed based on a deliberate deception, or the testator was tricked into signing a document they believed was something else.
• Improper Execution: The will was not signed, witnessed, or prepared according to the specific legal requirements of the state where it was made. For instance, some states require two witnesses to be present when the testator signs.
• Duress: The testator was forced or threatened into signing the will against their will.
• Revocation: The will being presented was previously canceled or replaced by a newer, valid will, but the older one is being put forward for probate.

Here are some examples illustrating a will contest:

• Example 1: Undue Influence

  After Mrs. Henderson passed away, her children discovered a new will, signed just weeks before her death, leaving 90% of her substantial estate to her live-in housekeeper, who had only been employed for six months. The previous will had divided her estate equally among her three children. The children suspect the housekeeper isolated their mother and pressured her into changing the will, especially given Mrs. Henderson's declining health and increasing dependence. The children could initiate a will contest, arguing that the latest will is invalid due to undue influence.

• Example 2: Lack of Testamentary Capacity

  Mr. Davies, who had been diagnosed with advanced Alzheimer's disease several years prior, signed a new will during a period when his doctors noted severe disorientation and memory loss. This new will completely disinherited his only son, who had been the sole beneficiary in all previous wills, and instead left everything to a distant cousin he barely knew. Mr. Davies' son could contest this will, presenting medical records and witness testimony to argue that his father lacked the testamentary capacity to understand what he was signing at that time.

• Example 3: Improper Execution

  When Ms. Chen's estate went through probate, her sister presented a document she claimed was Ms. Chen's final will. However, upon examination, it was discovered that the document only had Ms. Chen's signature, and no signatures from any witnesses, despite state law requiring two witnesses for a valid will. Ms. Chen's estranged nephew, who would inherit a portion of the estate under state intestacy laws if there were no valid will, could initiate a will contest based on improper execution, arguing that the document does not meet the legal formalities to be considered a valid will.