People challenge wills when they believe a will does not represent their loved one’s true intentions. For instance, you were left out of the will or you suspect something is off about the whole situation. Either way, contesting a will is possible, although not always easy.

Reasons You Can Contest a Will

There are a few valid reasons, or grounds, for contesting a will. Some of the most common ones include:

  • Lack of testamentary capacity: This means the person who made the will did not fully understand what they were doing when they signed it. If the testator had dementia, was mentally ill, or was under the influence of drugs, you might be able to prove they were not in the right state of mind to create a valid will.
  • Fraud or forgery: If someone deceived the testator or forged their signature, this is another reason to challenge the will.
  • Undue influence: If a person pressured the testator into changing the will for their benefit, this could invalidate the will​.
  • Improper execution: A valid will must be signed by the testator and two witnesses. If these signatures are missing, you can contest the will.

What the Process Looks Like

The first thing you need to do is file a caveat, which is a legal document outlining your reasons for challenging the will. After that, the case enters the discovery phase, where both sides collect evidence to support their claims. Evidence could include medical records or testimony from people who witnessed the signing of the will​.

From there, the case may settle, or it might go to trial, where the court will decide whether the will is valid. Keep in mind that contesting a will can be expensive and time-consuming.

What Are Your Chances?

The success rate for challenging a will is generally low because the burden of proof is on the person contesting the will. You will need solid evidence to win. This might include medical records showing that the testator lacked capacity or proof of undue influence. However, with strong legal representation and careful preparation, you can improve your chances​.

Is It Worth It?

Before you decide to challenge a will, it is important to think about the emotional and financial costs. If you believe you have a strong case, you can contact The Williams Litigation Group to get experienced advice on your next steps.