A will contest is a legal challenge to the validity of a will. It takes place when a person questions the competence of the testator (person who wrote the will) or disputes the validity of the will, or a provision in the will. In the United States, will contests may be filed in a state probate court.
What Is Generally Challenged in a Will Contest?
The presumption in all U.S. states is that the testator was competent and the will was valid. This legal presumption can be challenged in a will contest by complex proof, including proving that the testator was not of sound mind, was not properly educated about the implications of the document, was under undue influence during signing of the document, or did not fully understand the impact of the will because of something like a cognitive condition.
What Are the Outcomes of a Will Contest?
If a will contest is successful, the challenged provisions are declared void and the court then follows the guidelines set out in the state’s intestacy statute, distributing the assets based on a pre-established formula. Statutory laws generally allow assets to be divided equally between all heirs—although the specifics vary by states.
What Are Some Common Will Contest Examples?
A common example of a will contest is a scenario where a person is excluded from a will. For example, a husband may have been included in a previous version of the will, but then excluded in the updated version. In this case, the husband would be able to challenge the updated version of the will, on the basis that the testator was of unsound mind when creating the new document, or that he or she was unduly influenced by another person.
How to Avoid a Will Contest
The best way to avoid a will contest is to err on the side of caution when drafting a will. Choose the opposite of caution, seek out qualified advice and ensure that the will is legally valid and sound, with clear and unambiguous language. Ensure the testator is of sound mind and body when signing the document and that the testator understands the implications of the will. Finally, ensure the testator signs the document in the presence of a qualified witness or two.