How to Challenge a Trust or Will

You may only contest a will or trust in specific circumstances.

After beginning to cope with the loss of a loved one and finalizing funeral arrangements, every family faces one last task: executing the deceased’s will. While these proceedings usually run smoothly, led by the executor of the estate through the probate courts to divide the estate’s assets among heirs and other interested parties, they sometimes reach a hitch. Disputes over wills aren’t uncommon, and heirs sometimes attempt to contest a will or trust’s guidelines to redistribute the deceased’s assets differently. Although courts consider will-contesting lawsuits in some cases, your case against a trust or will must meet certain requirements to qualify to appear in court.

Instructions

1. Determine if your contest to the will or trust meets legal qualifications. Merely being unsatisfied with your inheritance isn’t sufficient reason to challenge a will in court. You must make a challenge that alleges the deceased wasn't of sound mind when making his will, that the deceased was influenced by an outside party to manipulate the will or that the will doesn’t meet your state’s legal requirements for a binding will, such as lacking witnesses, failure to expressly state that it’s the deceased’s will or failure to name an executor. Wills that are fraudulent are also challengeable in court.

2. Determine if you legally qualify to contest the will. Only parties who are directly impacted by the will have the right to contest it in court. To qualify as an interested party, you must be a legal heir of the decedent or a close relative. You can’t challenge a will unless you’re directly involved with the inheritance in some way.

3. Collect evidence to support your claim that the will is able to be challenged in court. For example, if you claim that the document that serves as your father’s will is a fraud, you must prove that he didn’t draw it up or that it was altered after his death.

4. File a will-contesting lawsuit with the probate court to challenge the will or trust. You may contest a will before it enters probate or, in most states, up to three months after it enters probate. While the specifics for filing a will contest case vary between counties, clerks at your county court’s probate division can provide you with forms and instructions on filing the suit.

5. Present your case to the probate judge at the appointed court appearance.

Tips & Warnings

• In many cases, you'll need to consult with a probate lawyer to determine if you can contest the will and to create your case.

• Some states allow a will to include “no-contest” clauses, which disqualify heirs from receiving their share of the inheritance if they challenge the will in court. Make sure the will you contest doesn’t contain a clause and disqualify you from your inheritance.

References

• CNN Money; Contesting a Parent's Will; Jeanne Sahadi; May 2000
• AARP; Where There's a Will ... There's a Way to Contest It...; Nancy Mann Jackson; August 2011
• Nolo.com: Grounds for Challenging a Will
• Findlaw.com: Reasons to Challenge a Will
• Lawyers.com: Grounds for Will Contests