How to Contest Wills
Wills are legal documents that determine the distribution of a person's assets upon his death. This includes real property, money and custody of minor children and pets. Wills may be contested if family members disagree with terms of the will. Wills are often contested when a family member believes the terms of a loved one's will were set forth as a result of undue influence. To contest a will you must prove that your loved one lacked mental capacity or was influenced through fraud or that the will itself wasn't executed properly.
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Instructions
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Make sure the will is the most up-to-date copy. Only the most recent will is legally binding.
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Talk with your family members about the terms of the will. Determine whether others have the same concerns and questions about the will, then consult an attorney together.
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Research probate laws in your state. Laws vary from state to state about your rights to contest a will. Most state laws establish a statute of limitations dictating a period of time during which a will can be contested after a person's death.
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Contest a will if you believe your loved one lacked the mental capacity to understand the terms stated in the will at the time it was written. Prove this by obtaining a statement from the person's doctor around the time the will was written. Also, contact witnesses and use medical records to prove your grounds to contest.
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Contest a will if you believe another person placed undue influence upon your loved one and induced him or her to change the terms of the will. You must prove that the person influenced the distribution of the will. However, individuals who had a fiduciary relationship with your loved one may not have to prove that no undue influence occurred. Fiduciary relationships include those involving parent/child, spouses and those with power of attorney.
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Argue that your loved one was a victim of fraud if you feel the will reflects this. Show that your loved one's signature on the will was fraudulently induced or your loved one didn't know that the document being signed was a will. Fraud can also occur when a person is provided with misinformation that influences him to change the distribution of his will.
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Contest a will if you believe it was not executed properly. Each state has its own laws that determine if a will is valid. For example, most states require the signature on the will to be witnessed at the time by independent witnesses. If this process is not properly followed, the will becomes invalid.
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Decide how much you're willing to spend to contest a will in court. The court process is detailed and long. Often, proving the intentions of a deceased person is difficult and evidence involves simply the word of one family member against another. Decide whether the outcome is worth the fight before hiring an attorney.
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Tips & Warnings
Hire an experienced probate attorney to represent you when contesting a will. There are law schools and state organizations that offer free advice or that work pro bono on legal matters.
Keep in mind that contesting a will and fighting over property and money can damage family relationships for years.
