What Are the Common Grounds for Contesting a Will?
Contesting a will is a complicated and often emotionally charged process. At Russell Manning Law PLLC, I understand that family dynamics, unclear intentions, and various legal issues can make the will contest process difficult. Whether you’re an heir, a beneficiary, or an interested party, you may have concerns about the validity of a will.
There are several legal grounds on which a will can be contested. In many cases, these disputes arise from concerns about the deceased's mental state, the validity of the document itself, or potential conflicts of interest.
At Russell Manning Law PLLC in Corpus Christi, Texas, I work with clients to thoroughly investigate the circumstances surrounding the will, identify any weaknesses in the document, and determine if contesting the will is the best course of action. Continue reading for more detailed information on the common grounds for contesting a will.
Lack of Testamentary Capacity
One of the most common grounds for contesting a will is that the testator (the person who made the will) lacked testamentary capacity at the time the will was created. Testamentary capacity refers to the mental ability to understand the nature of the document being signed, the extent of one’s assets, and the people who would typically be included in the will.
If there’s reason to believe that the testator didn’t fully understand what they were doing when they signed the will, it may be grounds for contesting it. This issue often arises in cases involving elderly individuals with cognitive impairments such as dementia or Alzheimer’s disease.
In such cases, the court may require medical evidence or expert testimony to determine whether the testator had the mental capacity to make decisions regarding the distribution of their assets.
Undue Influence
Undue influence occurs when someone uses manipulation or coercion to influence the testator's decisions regarding their will. In these cases, the testator may not have created the will of their own free will, but rather as a result of pressure from another person.
Some key signs of undue influence include:
Isolation of the testator: If the testator was isolated from other family members or trusted individuals during the will’s creation, this could indicate undue influence.
Sudden changes in the will: Significant changes made to a will shortly before the testator's death, especially if they favor one individual over others, may suggest manipulation.
Dependence on a particular person: If the testator became overly reliant on a single individual for care or financial assistance, that person may have used their position to exert undue influence.
It’s crucial to prove that undue influence was present, as simply showing that one person benefited more than others isn’t enough. Now, let’s look at another potential ground for contesting a will, which is a lack of proper formalities.
Lack of Proper Formalities
For a will to be valid, it must meet specific legal requirements. These formalities include the need for witnesses, the testator's signature, and in some cases, notarization. If any of these formalities aren’t followed, the will may be deemed invalid.
In many states, the law requires that the testator sign the will in the presence of at least two witnesses who aren’t beneficiaries. If the will wasn’t signed according to the legal requirements, it may not be enforceable. Some key factors to keep in mind when evaluating whether a will meets the proper formalities include:
Witness requirements: The witnesses must be of sound mind and generally not named in the will as beneficiaries.
Signature issues: The testator’s signature must be clearly visible and consistent with their intent.
Notarization: In some jurisdictions, a will must be notarized to be legally valid.
Failing to adhere to these formalities can provide a strong reason to contest the validity of a will. Let’s move on now to consider another reason for contesting a will, which is fraud.
Fraud
Fraud is another common ground for contesting a will. If the testator was deceived into signing a will under false pretenses, the will can be invalidated. Fraudulent activities can include misrepresentation of the contents of the will or misleading the testator into believing they were signing a different document.
Some key examples of fraud in will contests include:
Misleading the testator about the contents of the will: If someone told the testator that the document was something other than a will, and they signed it under that belief, it could be grounds for contesting the will.
Falsifying signatures: If the testator’s signature was forged or if the witnesses’ signatures were fraudulent, the will can be contested.
Deceptive practices during the will’s creation: If the testator was lied to or tricked into making changes to the will, the document may not be valid.
If fraud is suspected, evidence must be gathered to prove that the testator was deceived. Now, let’s explore another important ground for contesting a will: duress.
Duress
Duress occurs when the testator is forced to make decisions or sign a will under threat or intimidation. If someone was threatened with harm or financial loss unless they signed a new will, this could constitute duress and serve as grounds for contesting the will.
Some key factors that indicate duress may include:
Physical or emotional threats: If the testator was threatened with harm or significant emotional distress if they didn’t comply, this could indicate duress.
Unusual behavior by the testator: If the testator’s behavior appeared unusual or out of character when creating the will, it may suggest they were under duress.
Testimony from witnesses: Statements from those who witnessed the testator’s condition or heard the threats can support a duress claim.
Duress can be difficult to prove, and it often requires witness testimony or other supporting evidence. Let’s now discuss the role of an executor and how disputes regarding the executor can lead to will contests.
Disputes About the Executor
Another common reason to contest a will is disputes regarding the executor’s role or actions. The executor is responsible for carrying out the testator’s wishes and managing the estate. If the executor is perceived to be biased, corrupt, or acting improperly, their actions may lead to a contest of the will.
Some issues that could lead to a will contest involving the executor include:
Mismanagement of the estate: If the executor isn’t fulfilling their duties properly, heirs may contest the will.
Conflict of interest: If the executor stands to benefit personally from the will, their impartiality could be questioned.
Failure to follow the will’s instructions: Executors who fail to distribute the assets according to the testator’s wishes may face a challenge to the will.
An attorney can assist in reviewing the actions of the executor and determining if there is a valid reason to contest the will based on the executor’s behavior. Let’s now turn our attention to some other potential grounds for contesting a will.
Invalid Witnesses
As mentioned earlier, for a will to be valid, it must be signed by witnesses who aren’t beneficiaries of the will. If the witnesses to the will are beneficiaries or have conflicts of interest, the will could be contested. In some cases, the witnesses may have been coerced or influenced to sign the will in a way that could invalidate it.
Some key issues related to invalid witnesses include:
Witnesses who are beneficiaries: If a witness stands to gain from the will, this may raise questions about their role in the process.
Lack of witness presence: If the witnesses didn’t actually witness the testator signing the will, the document may not be valid.
Incompetence of witnesses: If the witnesses weren’t of sound mind or under duress when signing the will, their signatures may be deemed invalid.
Having proper witnesses is critical for a will’s validity. If you suspect the witnesses played an improper role, it may be grounds for contesting the will. Let’s now consider the impact of changes made to the will on its validity.
Changes to the Will
Changes made to a will can lead to disputes if there are questions about the validity or intention behind those changes. For instance, if the testator made handwritten amendments or added codicils to the will, the changes must meet the same legal requirements as the original will.
Some important factors to consider with changes to a will include:
Proper execution of amendments: Any changes made must be properly executed with the testator’s signature and the required number of witnesses.
Clear intent behind changes: The changes should reflect the testator’s true intent. If there is doubt about this, the will may be contested.
Consistency with the original will: If the changes contradict the original will, they could be deemed invalid.
Now that we’ve covered various grounds for contesting a will, let’s now look at what to expect during a will contest.
What to Expect During a Will Contest
A will contest typically involves gathering evidence, filing legal documents, and attending court hearings. The contesting party must provide evidence to support their claim that the will is invalid. The process can take time, and it often involves complicated legal procedures.
It’s essential to be prepared for the possibility of mediation or settlement negotiations, as many will contests are resolved outside of court. Your attorney will work with you to understand the best approach to take and will assure your interests are represented throughout the process. Now, let’s conclude by discussing how to move forward if you’re considering contesting a will.
Contact Me Today
As an experienced will contest attorney, I serve clients throughout Corpus Christi, South Texas, and The Coastal Bend area, along with, Kleberg County, Nueces County, Live Oak County, Jim Wells County, Aransas County, and Victoria County. Contact me at Russell Manning Law PLLC today to schedule a consultation and discuss your case.