Contesting a Will as a Beneficiary

By Ellis Roanhorse

Will contests take place in probate court: One of the functions of probate court is to hear any disputes pertaining to the execution of a will. A beneficiary who seeks to contest a will must have verifiable grounds upon which to do so. If a probate court deems the evidence sufficient, it may declare the entire will invalid or merely strike certain provisions.

Contesting a Will Due to Lack of Formalities

Every state has laws that explain the formalities required for the making of a will. If a last will and testament does not conform to state-specific formalities, it may be open for contest. All states require a will maker, known as the "testator," to have testamentary capacity. This means the will maker must have the mental capacity to understand he is making a will, what his assets are and his relationship with the people he is leaving his assets to. A will must be in writing and signed by the testator. Attestation, or witnessing, is also a common requirement. Often, state law requires witnesses to be people who do not stand to benefit from a will's provisions. If a will fails to meet any such requirements of state law, a beneficiary may have grounds for a contest.

Contesting a Will Based on Undue Influence

If there is evidence the testator executed his will under the influence of another person, a probate court may declare the entire will invalid. When a testator executes a will under undue influence, it means his will was made while being psychologically or mentally controlled by an individual who stands to benefit from the will. For a beneficiary to contest a will based on undue influence, he may have to provide evidence showing the perpetrator participated in the making of the will and was someone the testator trusted. Undue influence may also be proven by the fact the perpetrator received an unexpectedly large share of the estate.

Protect your loved ones. Start My Estate Plan

Contesting a Will Based on Duress

A beneficiary may contest a will if he can provide proof the testator was under duress at the time the will was made. Duress involves threats of physical violence, restraint or coercion. For example, a person is under duress if he feels he has no choice but to leave his entire estate to someone who is threatening to hurt him or his family. For a beneficiary to prove duress, he would generally have to prove the person named in the will was someone the testator trusted and not someone expected to receive an inheritance.

Will Contests in Court

A beneficiary may contest a will if he has a valid reason, such as a belief the testator lacked testamentary capacity or the will was made under undue influence or duress. Generally, wills are presumed to be valid. Although the standard varies from state to state, a beneficiary may be expected to provide clear and convincing evidence the will is invalid. Probate court procedures vary; however, a beneficiary is typically required to file notice of a will contest with the probate court where the will was admitted. Once a probate court agrees to hear the will contest, a beneficiary will have to testify in court. If the court is convinced by the beneficiary's evidence, it may declare the entire will invalid. If the entire will is declared invalid, the beneficiary will receive his portion of the estate as required by state law.

Protect your loved ones. Start My Estate Plan
Ways to Contest a Will in Alabama
 

References

Related articles

How the Executor Breaks a Will

For an executor to break a will, she must qualify as an interested party. An “interested party” is defined as someone whose rights would be influenced by the execution of the will. If the executor meets this requirement, she can contest the will at the probate hearing under one of five theories: fraud; mistake; undue influence on the decedent; the decedent lacked capacity when he drafted the will; or the will does not meet the state’s formality requirements. If the court determines that the will is defective in one of these ways, the estate will be distributed using a prior will or through the intestacy scheme, a scheme that governs how estates are distributed when there is no valid will. It is important to note that probate law is based on the state in which the decedent lived and that the standards can vary greatly.

What Constitutes Fraud When Contesting a Will?

One common ground for contesting a will is that the will was the result of fraud. If you can prove fraud, some or all of the will may be invalidated, and the property will pass according to the state's rules for intestacy; that is, for people who die without leaving a will or other means to dispose of their property.

How to Contest a Fraudulent Last Will

The probate process is designed to ensure that only valid, accurate wills are enforced by court orders and as such, probate courts allow challenges to a will’s validity. State laws vary when it comes to the actual process for contesting a will -- as well as what constitutes fraud concerning a will.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

Contesting a Will in Kansas

In Kansas, only an heir or beneficiary may contest a will. An heir is a relative who would be entitled to an ...

Verifying Authenticity of a Last Will & Testament

The maker of a will, commonly known as the "testator," must draft the will in accordance with the state's probate code ...

Rules for Witnessing a Will

A last will and testament is a powerful legal document that instructs the executor of an estate how to distribute the ...

What Does it Mean to Contest a Will?

A will contest or will challenge occurs when someone files a lawsuit in court stating that he believes the will is ...

Browse by category
Ready to Begin? GET STARTED