How to Contest a Will

A will contest or to contest a will is a formal protest regarding the validity of a last will and testament. If you do find probable proof that a will is, indeed, invalid, you can file this in court and get help from a probate lawyer. To know if your basis for contesting a will is strong enough in court, know the grounds for this first. Below you can find some useful information.

Testamentary Capacity

This is the capacity of a testator to make or alter his or her will. Those who challenge the validity of a will in this basis should find proof that the testator was suffering from a mental illness or impairment during the time he or she drafted the will or signed it. Questioning the sound mind and legal ability of a person to create a valid will is one strong basis to support your contest.

Mistake or Fraud

Any illegal means to alter a will falls under fraud. Forgery is a great offense and will not be taken lightly in court. A challenger will definitely need proof to support this claim. There could also be a possible set up wherein a previous will was presented and the latest one was hidden or destroyed by someone else. Simply showing the latest will can nullify the previous one.

Undue Influence

Undue influence is improper influence on a testator. This is to assume that the testator created the will while under the influence of another person. For example, a person who changed his will and allotted a large portion of his estate to his caregiver while under the care of this caregiver could be considered undue influence, especially if this was kept a secret from family members.

The court will judge whether your basis for contesting a will has sound proof or if it's merely an assumption and response to your disappointment to the will itself. If you simply find the will unfair because you didn't get your fair share of inheritance, this is not real ground to challenge the will's validity. Also, make sure you are aware of the "no-contest clause" common in most last will and testaments. If you do contest a will and fail in the process, any inheritance provided for you as stated in the will you challenged will be void because of the violation to the "no-contest" clause.

It is advisable that you consult your lawyer first to check if you have a good basis to challenge a will. Know more about it before you file this formally in court.