The terms included in a will guide the distribution of an individual’s property after they die. Certain people have a right of inheritance unless a testator has a will or other estate planning documents on record.
If someone drafted a will, then their wishes take precedence over intestate succession rules. However, sometimes the people who expect to inherit from an estate have questions about the validity of the will. They may pursue litigation to challenge the will.
When is it possible for people to contest a will in probate court?
Contests require specific scenarios
Generally speaking, only a handful of circumstances may warrant will contests. There generally need to be issues with the document or concerns about the testator’s state of mind when they drafted the will.
Frequently, will contests highlight potential issues with the terms included in the documents. Illegal will provisions or documents that do not conform to state standards could be vulnerable to contests in probate court.
Other times, concerns about the testator’s state of mind when they signed the documents could lead to a will contest. If people believe that an outside party exerted undue influence by pressuring or manipulating the testator while they were vulnerable, the courts might set the will aside.
If concerned parties can show that a testator lacked capacity due to severe health issues or significant cognitive decline, that could also provide the basis for a will contest. Occasionally, families can challenge wills by showing that they are significantly outdated.
Most of the time, wills retain their authority regardless of age or the dissatisfaction of people expecting to inherit. Recognizing when a will contest might be possible can help beneficiaries and personal representatives alike when considering or responding to probate litigation to make truly informed decisions.