Grounds to Contest Wills
A will is a legal document which provides for the distribution of the testator's property upon death. The formal requirements for creating a will vary by state, as do the grounds for contesting a will. However, there are a few widely recognized theories for contesting that have been adopted by most states. Consult an attorney or your state's legislation before contesting any will.
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No-contest Clause
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Many states allow testator's to include a no-contest clause in the will. Under a no-contest provision, the beneficiaries are prohibited from challenging the will and still taking from the estate. If a no-contest clause is allowed, the beneficiary must choose between taking what is bequeathed in the will or taking nothing at all.
Dissatisfaction
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A beneficiary's mere dissatisfaction with her inheritance under the will, whether the testator is still living or has died, is not sufficient grounds for contesting an otherwise valid will.
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Fraud, Duress, Undue Influence or Mistake
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The testator must be under no undue outside influence or fraud when creating the will. If the court finds that the testator was forced or tricked into making the will, it will not enforce the provisions of the will. A relative threatening to place the testator in a nursing facility if he does not benefit the relative in the will is an example of undue influence. Fraud or mistake occurs when the testator is led to believe that he is creating a document other than a will.
Capacity
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A will can be challenged by alleging that the testator did not have the capacity to make the will. A will is not valid if the testator did not know what she was doing when she made the will or, due to mental incapacity, did not understand how the property was being distributed under the will. Common challenges allege that the testator was suffering from dementia or a mental illness when she created the will.
Ambiguity
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Sometimes, a poorly drafted will is ambiguous. For example, if Mother leaves her diamond broach to "my favorite daughter" but has four daughters, the will is ambiguous and the daughters may present collateral evidence that they were the intended beneficiary.
Will Lacks Formal Requirements
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The formal requirements of a will vary by state. Generally, a will must be signed by the testator and witnessed by two uninterested parties. If the will does not adhere to requirements, it will not be enforced by the court. If the will is invalid because it does not satisfy the formal requirements, the state laws of intestate succession will replace the provisions of the will.
Tortuous Interference
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If a potential beneficiary believes that another individual is interfering with the beneficiary's inheritance before the testator dies, she may sometimes have a claim for tortuous interference. This is a very complex claim and it is not recognized by all states.
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