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Contesting a Will: What To Know

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Contesting a will is more common than you might think, but legal standing, valid grounds, and potential consequences all play a role in determining whether a challenge is worthwhile. Therefore, it’s essential to understand who can contest a will, the reasons for doing so, and what the process entails.

Only certain individuals and institutions have the legal standing to challenge a will.

This includes heirs, beneficiaries, and creditors, such as the following:

  • A spouse, children, grandchildren, or other relatives
  • Friends, but only if they were named in a prior version of the will or were financially dependent on the deceased
  • Faith communities, universities, or charities

Any of these must show that they were entitled to inherit under the will or that they would have legally received an inheritance had the deceased died intestate. Minors cannot initiate legal proceedings, but a parent or guardian may do so on their behalf.

Grounds for contesting a will

A will can only be challenged on valid legal grounds, including:

  • Fraud. The document was created or signed under false pretenses.
  • Undue influence. The individual was pressured or manipulated into changing their will.
  • Lack of testamentary capacity. The individual was not of sound mind when drafting or amending the will.
  • Improper execution. Issues such as insufficient witnesses or unclear provisions could render the will invalid.
  • A later valid will exists. A newer, legally binding will supersedes the one being contested.

If you suspect coercion, fraud, or conflicting versions of a will, gathering evidence — such as medical records, witness testimonies, or previous drafts of the will — can strengthen your case.

The risks and challenges

Contesting a will can be costly, and whether it’s worthwhile often depends on the estate’s size or complexity. A legal challenge may also lead to personal conflicts — other heirs might disagree with your decision to contest the will. For example, some may believe the decedent had full mental capacity, while others argue differently. Heirs satisfied with their financial stake are less likely to support a legal challenge.

A key consideration is whether the will includes a no-contest clause. In some states, if you contest a will with a no-contest clause and lose, you may still inherit what was originally designated for you. In others, you risk complete disinheritance.

How to proceed

If you decide to contest a will, be mindful that there is a statute of limitations for probate matters, which varies by jurisdiction. The first step is to file a petition in probate court, notifying both the court and the estate of your challenge. It is highly recommended to consult a probate attorney. While will contests are rarely successful, they can sometimes lead to settlements or mediation instead of a full court hearing.

Miranda Dressler
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