Will Contest

A will contest refers to a legal objection concerning a will’s authenticity as the beneficiary feels it does not match the testator's intention. It aims to challenge the legal validity of a will by questioning the mental capacity or undue influence over a testator or improper will execution.

Generally, an unsatisfied beneficiary of the will brings forth the contest as they believe of being given an unfair share or excluded or not represented well in the will. The contesting process comprises giving evidence to the court to ascertain the declaration of will as invalid, leading to a different estate distribution.

A will contest refers to a formal challenge on the validity of a will based on factors such as lack of testamentary capacity, insane delusion fraud, undue pressure on the testator, exclusion of a party, or inaccurate representation. Here, any dissatisfied party or parties dispute the accuracy and legality of a will. They feel the proximity of another beneficiary, mistake, revocation, medical condition of the testator, the fraudulent signature of the testator, or improper execution of the will influence the testator.

It works by following a series of steps, starting from collecting evidence to filing a petition through a will contest attorney against the validity of the will in probate court. Further, different states have different laws regarding contesting wills, such as California will contest. If the court finds any anomaly, mistake, fraud, or injustice in the will, it orders a new distribution of the estate. It may also invalidate the entire will in favor of the disputing party. Nevertheless, one should bear in mind that the will contest success rate usually is very low.

However, the court always tries to uphold the validity of the will at any cost. It can have a direct impact on the relationship, estate share, costs, and time spent by the beneficiaries. Moreover, the contesting of wills leads to delays in the distribution of the estate and an increase in legal complications and fees. It also strains relationships and carries the risk of inheritance loss. It helps remove injustice and fraud in the will, as felt by any dissatisfied parties. It also helps in removing any inadequacy or improper will execution.

A dispute related to the contesting of a will lies on the following grounds:

• If another beneficiary unduly influenced the testator to twist the will in their favor, like a caretaker manipulating old parents in their favor.
• If the testator had an unstable mental condition, such as dementia, at the time of creating and signing the will to favor a single beneficiary. This can be established by submitting the testator's medical records from their doctor.
• Fraud may happen with the testator, who was not made aware of the content of the will, or the content was wrongly presented to them. It becomes one of the main reasons for contesting the will.
• The will may have errors in signing, witnessing, or handling the process. This includes issues like the lack of a sound mind, the absence of two witnesses, or improper handling of the facts or process related to the will.

Let us understand the process of contesting a will by following these steps:

• First, confirm that you are a legal heir left out of the will or a current or past beneficiary of the testator's will according to the laws of intestate succession.
• Hire a skilled estate planning attorney to find credible witnesses and gather compelling and valid evidence admissible in court to argue the contest strongly in your favor.
• File the will contest petition duly and correctly filled in the probate court as early as possible to avoid denial by the court due to too late filing.
• If other parties wish to settle the will contest out of court, do not settle for less than what is one’s rightfully theirs in their favor.
• If the will remains impartial to the challenger, proceed with a hearing of the petition in court to secure your rights through the best expert in the field of will contests.

Let us look at some examples to comprehend the concept in a better way:

Example #1 

John, a wealthy man, dies and leaves behind a substantial estate. He wrote a will not long before he passed away. He left little to nothing for his children and designated his nanny, Sarah, as the primary beneficiary of the estate. Feeling mistreated and suspicious of Sarah's excessive influence, John's children decide to contest the will.

They claim that Sarah coerced him into giving her a major share of the estate and that John was not of sound mind when he made it. They retain the services of an estate lawyer to represent them in court and collect proof to back up their allegations. Moreover, they included witness statements attesting to Sarah's influence over John and medical records indicating cognitive impairment.

Following a trial where both parties present their case and supporting documentation, the court deliberates on the merits of the allegations. Based on the evidence presented, the court ultimately decides whether to uphold the validity of the will or declare it void.

Example #2

Mary, a widow who never had children, dies and leaves behind a huge estate. Her three siblings receive an equal share of her assets according to a will that was written several years ago. But just before she passes away, Mary develops a strong bond with her neighbor, Tom.

Tom receives a significant share of her inheritance according to her amended will. This left her siblings with a small amount. Mary's siblings. Tom's unexpected influence over her takes them aback. They decide to contest the will, stating that Tom forced or improperly pressured Mary to change her beneficiaries.

 To represent them, they retain the services of an estate attorney who will gather evidence, including testimonies from friends and family, regarding Mary's mental health and her relationship with Tom. The matter is heard in court where both sides present where both sides present their arguments.

Although both award equal shares to the beneficiaries, they differ as per the table below: