Reasons for Contesting a Loved One’s Will

Unfortunately, the death of a family member and the subsequent distribution of that family member’s assets sometimes result in conflicts and hurt feelings. Ron Nevin, an attorney in Nashville, Tennessee, has over 35 years of experience in probate law. Here, Nevin explains the process for contesting a will and the three valid reasons for challenging it.



The passing of a loved one is difficult for any family and the reading of that individual’s will can be an emotional event. Unfortunately, long-standing conflicts and hard feelings between relatives sometimes make family members question their loved one’s intentions. All too often, family members are disappointed with the decedent’s will and feel that they’ve been cheated out of receiving their fair share. If you find yourself in this situation, you may go about contesting your loved one’s will.



In order to contest a will, you need two things — standing and sufficient grounds. To have standing, you simply need to a financial interest in the outcome of the case. To have grounds, however, you need to be able to show that, for a specific reason, the will should be considered invalid. According to the law, there are only three valid reasons to contest someone’s will.



Lack of Mental Capacity

When filing a will contest, lack of mental capacity is one of the most common ground. In order for a will to be considered valid, the person who makes it must be "of sound mind." This means that he must be fully aware of his assets and able to understand the will’s intentions with regard to the distribution of those assets at the time the will is drafted. Sometimes mental capacity concerns are easy to prove, as in the case of diagnosed Alzheimer’s disease or dementia. More commonly, however, contests arise in less straightforward cases. Often a contest arises in a situation where, for example, an individual had been in declining health for years prior to his death, had good days and bad days, tended to be forgetful, and in the end, left someone or something important out of his will.



Undue Influence

Another, sometimes related, reason for a will contest is undue influence. If someone is under undue influence at the time his will is drafted, he is being pressured by someone to distribute his assets in a particular way. Perhaps he is being coerced into including someone in his will that he otherwise wouldn’t or excluding someone he might otherwise include. Although undue influence concerns are less common than mental capacity concerns, they sometimes go hand in hand, as in the case of a mentally compromised individual who is pressured by a close friend or family member to draft his will in a certain way.



Improper Execution of the Will

Improper execution of an individual’s will is another reason a will may be challenged. The reasons for this type of contest may be that the will was not properly signed, witnessed or notarized or otherwise not executed in accordance with the law. This occurs most often when someone who is not an attorney has drafted the will, especially when the decedent has written his own will.



A will can’t be challenged simply because one or more family members are unsatisfied with its contents. In addition, there is a time limit for filing a contest, which varies from state to state. So if you’re convinced that you have proper standing and grounds to challenge your loved one’s will, your next step should be to consult a probate attorney.



Your attorney will ask you about your reasons for filing a contest, tell you how much time you have to file and explain the entire process in detail. If you decide that you want to move forward with the contest, your attorney will prepare the appropriate paperwork and act as your representative in court. The court will review the evidence and determine whether or not the will should be invalidated.



This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.



Ron Nevin is a writer for Yodle Law Marketing, a business directory and online advertising company. Find alawyer or more lawyers articles at Yodle Consumer Guide.