The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone who feels the will is inaccurate or invalid in some way. A will contest is an action challenging the validity of the will or its terms and is commonly governed by state statutes or the Uniform Probate Code. If you feel that a will is inaccurate or invalid, or if someone is challenging a will you are administering or benefiting from, you should contact an attorney with experience in will contest cases. These types of cases are difficult and emotionally-charged, so it is important to find an attorney with whom you feel comfortable.

Grounds for contesting a will include:

• Later Will— If a later will was made, and the making of the will conformed to the necessary legal requirements, then the later will would replace the older will.
  
  
• Incapacity— A valid will requires that the decedent was of sound mind at the time the will was made. The "sound mind" requirement typically requires that, at the time the will was made, the decedent had the ability to generally understand the nature and extent of the property to be disposed, his or her relationship to those who would naturally claim a benefit from the will, and the practical effect of the will as executed. Proving that the decedent was mentally ill or under the influence of alcohol or drugs at the time the will was made are ways to establish incapacity.
  
  
• Undue Influence— If, at the time a decedent made his or her will, the decedent does not exercise his or her own judgment in making the will but rather makes the will according the wishes of another, the will may be found invalid on the grounds of undue influence. Coercion, duress and fraud are examples of undue influence.
  
  
• Improper Execution— A will must be properly executed in order to be valid. This requires that the making and the execution of the will conform to the state's requirements, which can include the will having to be in writing and signed by the person making the will (the testator) and that the will be witnessed or notarized.
  
  
• Forgery— A will can be found invalid if any portion of the will, including any terms of the will or the signature of the testator or the witnesses, are determined to be forged.

If a will contest is made, a trial of the will contest must be held before the will can be probated. If the validity of a will is successfully contested, the probate court may:

• Disallow only that part of the will that is successfully challenged;
• Admit an earlier valid will (if one was made) in its place; or
• Determine that the decedent died intestate and distribute the assets according to the state's intestate succession laws, which are the legal defaults for estates without a will.

Conclusion

The consequences of a will contest are significant to all the parties involved. If there is the possibility of a will contest, contact an attorney experienced in probate and estate administration to ensure that your rights are protected throughout the process.

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