The Legal Process of Contesting a Will

The Legal Process of Contesting a Will

Contesting a will is a formal legal process through which an individual challenges the validity of a deceased person’s will. Although wills are intended to represent the final wishes of the deceased, there are instances when family members or other interested parties believe the document may be legally flawed. With guidance from experts offering estate planning services in Fort Worth, TX, many issues that lead to will contests can be avoided—but when disputes arise, understanding the legal process is essential.

Grounds for Contesting a Will

Not everyone can contest a will. Only individuals who would be directly affected by the outcome—such as heirs, beneficiaries, or those who were excluded from a prior version of the will—can bring a legal challenge. The most common grounds for contesting a will include:

• Lack of testamentary capacity: Arguing that the person who created the will did not have the mental capacity to understand what they were doing at the time the document was signed.

• Undue influence: Claiming that someone pressured or manipulated the deceased into making specific changes to the will.

• Fraud or forgery: Alleging that the will is not genuine or that the signature was forged.

• Improper execution: Asserting that the will does not meet legal requirements, such as lacking witness signatures or being improperly notarized.

Initiating the Contest

The legal process begins by filing a formal objection in probate court after the will has been submitted but before it is accepted as valid. This must usually be done within a certain timeframe, which varies by jurisdiction—often ranging from a few weeks to a few months after notification of probate proceedings. Failure to act within this period can result in the loss of the right to contest.

Gathering Evidence

Once the challenge is filed, both sides may engage in the discovery process, gathering documentation and witness testimony to support their claims. Medical records, letters, emails, and testimony from doctors, caretakers, or legal professionals may be introduced to prove or disprove the legitimacy of the will. For example, in cases involving mental capacity, records from a physician or psychologist can play a key role.

Court Proceedings

If the dispute cannot be resolved through mediation or settlement, it moves to a trial in probate court. A judge—sometimes a jury, depending on the case—will hear the evidence and determine whether the will is legally valid. The court may uphold the existing will, recognize a previous version, or, in some cases, distribute the estate according to intestacy laws if no valid will remains.

Consequences of Contesting

Contesting a will is a serious legal action that can be both emotionally and financially taxing. If the challenge fails and a no-contest clause exists, the challenger could lose any inheritance they were initially entitled to. It’s important to weigh the potential benefits and risks carefully before proceeding.

Conclusion

The process of contesting a will is complex and emotionally charged, often placing strain on family relationships. Working with experts offering estate planning services can help ensure a will is legally sound from the beginning, reducing the likelihood of future disputes and preserving family harmony.