When someone believes a will doesn't reflect the deceased's true intentions, they may file a will contest—a legal challenge to the will's validity. Will contests are serious matters that can delay estate administration, drain assets through legal fees, and create lasting family conflict. Contests succeed only on specific legal grounds, not simply because someone is unhappy with what they received.
Understanding when wills can be contested helps potential challengers evaluate their claims and helps will drafters create stronger documents.
Who Can Contest a Will
Not anyone can challenge a will—you must have standing. Generally, only "interested parties" can contest: people who would inherit if the will were invalid (intestate heirs) and beneficiaries under a prior will who would receive more if the current will fails.
If you're not in line to inherit whether the will stands or falls, you have no standing to contest. A distant relative who wouldn't inherit under intestacy and wasn't named in prior wills cannot challenge simply because they think they should have been included.
Will contests must be filed within statutory deadlines—often just a few months after probate begins. Missing the deadline bars the challenge regardless of its merits.
Grounds for Contesting a Will
Lack of testamentary capacity is a common ground. The testator must have understood they were making a will, known what property they owned, and recognized their natural heirs. Severe dementia, mental illness, or cognitive impairment at the time of signing may establish incapacity.
The standard isn't whether the testator made wise decisions—it's whether they had basic capacity to make decisions at all. Eccentric or arguably unfair choices don't prove incapacity. Medical records, testimony from people who interacted with the testator, and expert opinions help establish capacity issues.
Undue Influence
Undue influence occurs when someone pressures the testator to the point that the will reflects the influencer's wishes rather than the testator's own intentions. Influence must be more than mere persuasion—it must overcome the testator's free will.
Courts look for suspicious circumstances: a confidential relationship with the influencer (caregiver, attorney, family member), the testator's vulnerability, unusual provisions benefiting the influencer, and the influencer's involvement in drafting or witnessing the will.
Undue influence is often hard to prove because it typically occurs privately. Circumstantial evidence—isolation of the testator, sudden changes in estate plans, the testator's statements about feeling pressured—helps build the case.
Fraud and Forgery
Fraud involves deceiving the testator about material facts that affect the will's contents. Telling the testator that their child died (when they didn't) to redirect inheritance, or misrepresenting the will's contents before signature, constitutes fraud.
Forgery makes the entire will invalid. If the testator's signature was forged, the document isn't their will regardless of what it says. Handwriting experts may be needed to establish authenticity questions.
Improper Execution
Wills must be executed according to state law requirements—typically signed by the testator and witnessed by the required number of competent, disinterested witnesses. Failure to meet these requirements can invalidate the will.
Common execution problems include insufficient witnesses, witnesses who didn't actually observe the signing, witnesses who are also beneficiaries, and missing signatures. Technical defects in execution are among the most straightforward grounds for contest.
The Contest Process
Will contests are filed in probate court and proceed as civil litigation. The person offering the will for probate must defend its validity. Contestants must prove their grounds by the applicable standard—often preponderance of the evidence, though some grounds may require clear and convincing evidence.
Discovery allows parties to gather evidence: depositions of witnesses and interested parties, medical records, financial records, and other relevant documents. Expert witnesses may testify about capacity, handwriting, or undue influence.
Trials are rare—most contests settle. The uncertainty and expense of litigation motivates compromise. Settlements may redistribute estate assets differently than the will provides.
No-Contest Clauses
Some wills include in terrorem or no-contest clauses, which provide that anyone who contests the will forfeits their inheritance. These discourage frivolous challenges but have limitations.
Enforcement of no-contest clauses varies by state. Some states enforce them strictly; others refuse enforcement if the contestant had probable cause for the challenge. Beneficiaries considering contests must weigh the risk of losing what they've been left.
Getting Legal Help
Will contests require significant legal expertise. An estate litigation attorney can evaluate whether you have valid grounds, standing, and sufficient evidence to justify a challenge. They guide you through the litigation process and help assess settlement opportunities. If you're defending a will, experienced counsel protects the testator's wishes against unfounded challenges. Given the complexity and stakes involved, professional representation is essential for either side of a will contest.