What to Do When Someone Is Contesting a Will

Takeaways

• A will contest occurs when someone challenges the validity of a deceased person’s will, potentially delaying probate, increasing costs, and straining family relationships.
• Common grounds for challenging a will include undue influence, fraud, improper execution, and disinheritance.
• If your loved one’s estate is facing a will contest, consult an estate planning attorney, gather relevant documents, and understand the contest timeline.
• Mediation or settlement is often preferred over litigation when seeking to resolve disputes over a will. If unresolved, the probate court decides the will’s validity. A court may invalidate only parts of a will, leaving the rest intact.
• To minimize contests, use an experienced attorney, medically evaluate the testator’s capacity, videotape the signing, avoid last-minute changes, and consider a no-contest clause (where enforceable).

Dealing with the emotional aftermath of a loved one passing away is always a challenge. But matters can become even more stressful if someone challenges the deceased person’s will. Challenging a will, also known as a will contest or contesting a will, can delay the probate process, increase costs, and strain family relationships.

Whether you are a beneficiary or the executor of the estate, it’s important to understand why wills are contested, what your rights and responsibilities are, and how such disputes can be resolved.

Why Someone Might Challenge a Will

Wills are typically considered legally binding documents, but there are several potentially valid reasons why someone might challenge one:

• Lack of Testamentary Capacity. The challenger may claim that the deceased, known as a testator, was not of sound mind when the will was created and therefore could not understand the implications of their decisions.
   
• Undue Influence. The challenger believes that the testator was pressured or manipulated into making certain provisions in the will that unfairly favor other beneficiaries.
  
  The death of the “Godfather of Soul” James Brown in 2006 led to over a decade of legal battles concerning his estate. Brown’s will, executed in 2000, aimed to leave the bulk of his assets to a charitable trust. However, the will was challenged by several individuals, including his wife and several of his children, who alleged undue influence on the part of Brown’s advisors.
  
  The dispute was complicated by questions surrounding the validity of Brown’s marriage and the paternity of some of his children. The protracted litigation, marked by numerous appeals and reversals, delayed the distribution of his estate by 15 years, serving as a stark example of how family disputes and allegations of undue influence can derail an estate plan.
   
• Fraud or Forgery. There may be claims that the will is fake or that the testator was deceived into signing it.
  
  The death of eccentric billionaire Howard Hughes in 1976 sparked one of the most high-profile will contests in history. With no known will immediately surfacing, a handwritten document appeared. This will left a significant portion of his vast fortune to a gas station owner named Melvin Dummar.
  
  However, the will was ultimately declared a forgery after extensive litigation, and Hughes’ estate was distributed among his many cousins. The complexity of Hughes’ life and his unusual reclusiveness only added to the intrigue and legal challenges.
   
• Improper Execution. A will must meet specific legal requirements to be valid. For example, most states require the document to be in writing, signed by the testator, and witnessed by at least two people. If any of these formalities were not followed, the will could be deemed invalid.
   
• A More Recent Will Exists. A newer will may supersede the contested one, especially if it is valid and properly executed.
   
• Disinheritance or Unfair Treatment. Heirs who were disinherited or received a smaller share than expected may contest the will out of frustration or belief that the terms are unjust.
  
  When wealthy businesswoman Leona Helmsley famously cut two of her grandchildren out of her will and instead left $12 million to her dog, the disinherited grandchildren claimed Helmsley had not been of sound mind when executing her will. Interestingly, the will contest was initially unsuccessful, but a judge eventually awarded each of the disinherited grandchildren $6 million apiece.

What Beneficiaries and Executors Can Do

If someone contests a will, there are steps both the beneficiaries and the executor (the person named to carry out the terms of the will) can take.

Consult an Estate Planning Attorney

Whether you are a beneficiary defending your inheritance or the executor responsible for defending the will, legal counsel is crucial. An attorney with probate litigation experience can help assess the validity of the challenge, explain your rights, and represent you in court if necessary.

Gather and Review All Relevant Documents

Make sure you have access to the following:

• The will (and any prior versions)
• Medical records, if capacity is being questioned
• Statements from witnesses, such as the drafting attorney or the will’s signatories
• Any communications that may show undue influence or fraud

Understand the Contest Timeline

Most states have a deadline, also known as the statute of limitations, for when someone can contest a will, usually within several months of the will entering probate. If a contest is filed within the statute of limitations, probate proceedings may be paused until the dispute is resolved.

How the Dispute May Be Resolved

There are a few potential outcomes and methods for resolving a will contest.

Mediation or Settlement

Rather than going to trial, the parties may choose or be ordered to attend mediation. This process is often faster and less costly than litigation and can help preserve relationships with family members. A settlement might involve redistributing some assets to the challenger.

Probate Court Litigation

If the parties cannot agree, the matter may go to probate court. The judge will evaluate evidence and testimony and decide whether the will is valid. If the court rules the will is invalid, it may reinstate a prior will or distribute the estate according to state intestacy laws (as if no will existed).

Partial Invalidity

In some cases, the court may determine that only part of the will is invalid. For instance, specific clauses added under undue influence may be struck down, but the rest of the document may remain in effect.

How to Prevent a Will Contest

Although you can’t always prevent someone from contesting a will, you can take certain steps to reduce the chances:

• Use an experienced estate planning attorney to draft the will
• Have the testator undergo a medical evaluation to confirm mental capacity
• Videotape the will signing
• Avoid major last-minute changes to the will
• Consider using a no-contest clause (although these are not enforceable in all states)

Learn More

Contesting a will can be emotionally and financially draining for everyone involved. Whether you are a beneficiary, a disinherited heir, or the executor of the estate, it’s important to approach the situation calmly and with expert legal guidance. Understanding the grounds for contesting a will, the legal process, and your available options can help you navigate this difficult time more effectively.

For additional reading about estate planning, check out the following articles:

• Can I Change My Will Without an Attorney?
• Make Sure Your Beneficiary Designations Match Your Estate Plan
• Durable Power of Attorney: A Key Estate Planning Document
• Generation Gaps Among Americans in Retirement Planning
• Benefits of Life Insurance as Part of Your Estate Plan