When a loved one passes away, it’s a time for grieving and remembrance. However, for many families, the aftermath of a loved one’s death is complicated by inheritance disputes, especially when a will is contested. A contested will can lead to lengthy and emotional legal battles, leaving heirs and beneficiaries questioning their rights and the validity of the document left behind. In this blog post, we’ll explore what contested wills are, the common reasons they are challenged, the process for contesting a will, and how a contested will attorney can help you navigate this complex area of law.
What Is a Contested Will?
A contested will occurs when someone challenges the validity of a deceased person’s will. This usually happens during probate, when the will is being reviewed and executed. A will can be contested for several reasons: the testator (the person who wrote the will) may have lacked mental capacity, the will may have been forged, or someone may have unduly influenced the testator to alter their wishes. In essence, a contested will disputes the deceased person’s final wishes as outlined in their legal document.
The contesting party might be a family member, a beneficiary, or even someone who believes they were unfairly excluded from the will. These disputes often arise when there is a large estate at stake or when relationships within the family were strained during the testator’s life. If a will is contested and found invalid, the estate may be distributed according to a previous will, or, if none exists, according to state law.
Grounds for Contesting a Will
There are several common grounds on which a will can be contested. Understanding these reasons can help you determine if you have valid grounds to challenge a will.
1. Lack of Testamentary Capacity
For a will to be valid, the testator must have testamentary capacity. This means that the person must be of sound mind when they create the will. If the testator was suffering from a mental illness or cognitive decline, such as dementia or Alzheimer’s disease, they may not have had the necessary mental capacity to make decisions regarding their estate.
In these cases, the will may be challenged on the grounds that the testator did not understand the nature of their actions, their assets, or who their heirs were at the time of writing the will. Medical records, expert testimony, and witness statements can help establish whether the testator was mentally competent when the will was made.
2. Undue Influence
Undue influence occurs when someone exerts excessive pressure on the testator, causing them to change their will or make decisions they wouldn’t have otherwise made. This is a common issue in contested will cases, especially when the testator has a vulnerable state of mind or is easily manipulated.
For example, if an adult child convinces an elderly parent to change their will in a way that benefits the child significantly, the will could be challenged on the grounds of undue influence. Evidence of the relationship between the testator and the individual exerting pressure, as well as testimony from witnesses, can support a claim of undue influence.
3. Fraud or Forgery
If a will has been forged or fraudulently altered, it can be contested on the grounds of fraud. This is often the most serious type of challenge, as it involves the intentional manipulation of the testator’s wishes.
In such cases, the challenge might claim that the signature on the will is not that of the deceased person, or that the document was created or altered after the testator’s death. A contested will based on fraud may involve handwriting experts, digital forensic evidence, and testimony from individuals who can testify about the circumstances under which the will was signed.
4. Failure to Meet Legal Formalities
Each state has strict legal requirements for a valid will, including the need for witnesses and proper signing procedures. If a will fails to meet these requirements, it may be deemed invalid.
For example, some states require that a will be signed by the testator in the presence of at least two witnesses who also sign the document. If these formalities were not followed, a contested will attorney may argue that the will should be invalidated.
The Process of Contesting a Will
Contesting a will is a legal process that requires careful planning and strategic thinking. The first step is to consult with a contested will attorney, who specializes in probate and estate litigation. An experienced attorney will review the case and help determine if there are valid grounds to challenge the will.
Once the attorney has assessed the situation, they will file a petition with the probate court. The court will review the evidence and may call for a hearing to determine the validity of the will. Depending on the case, witnesses may be called to testify, and expert witnesses such as medical professionals or handwriting experts may be required to support the challenge.
If the court agrees that the will is invalid, the estate may be divided according to a previous valid will, or if no such will exists, according to state intestacy laws. If the court upholds the will, the estate will be distributed as the deceased person intended.
How a Contested Will Attorney Can Help
A contested will attorney is a crucial part of your legal team if you are involved in an inheritance dispute. These attorneys specialize in handling the complexities of estate litigation and can guide you through each step of the contesting process.
They can help gather evidence, interview witnesses, and build a strong case to prove your claim. Whether you are challenging the validity of a will or defending against a will contest, a skilled attorney will ensure your case is presented effectively in court. In addition, they can help you understand the legal implications of your actions and advise you on the best course of action to take.
Real-Life Examples of Contested Wills
Consider the case of In re Estate of Jessica P., where a woman’s children contested her will after she left the bulk of her estate to a new partner. The children argued that their mother had lacked mental capacity due to early stages of dementia and that the new partner had unduly influenced her decision. After a prolonged legal battle, the court ruled in favor of the children, finding that the will was not valid due to the mother’s lack of testamentary capacity.
In another high-profile case, the will of famous comedian Joan Rivers was contested by her daughter after Rivers’ death. The daughter claimed that the will did not reflect her mother’s true wishes and that her signature had been forged. While the court did not ultimately invalidate the will, the case attracted significant media attention and highlighted the complex nature of contested wills.
Conclusion: Protect Your Inheritance Rights
Contesting a will can be a daunting and emotionally charged process, but it’s essential to know that you have the legal right to fight for what you believe is rightfully yours. Whether you believe the will was made under undue influence, lacks legal formalities, or was the result of fraud, a contested will attorney can help you navigate the legal system and protect your inheritance rights.
If you are facing a contested will situation, don’t hesitate to seek legal advice. The sooner you act, the better your chances of securing a favorable outcome. A skilled attorney will help you build a strong case and fight for the inheritance you deserve.
